National Railroad Passenger Corp. v. Commonwealth

452 A.2d 301, 70 Pa. Commw. 62, 1982 Pa. Commw. LEXIS 1703, 31 Empl. Prac. Dec. (CCH) 33,420, 36 Fair Empl. Prac. Cas. (BNA) 599
CourtCommonwealth Court of Pennsylvania
DecidedNovember 18, 1982
DocketAppeal, No. 737 C.D. 1981
StatusPublished
Cited by14 cases

This text of 452 A.2d 301 (National Railroad Passenger Corp. v. Commonwealth) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
National Railroad Passenger Corp. v. Commonwealth, 452 A.2d 301, 70 Pa. Commw. 62, 1982 Pa. Commw. LEXIS 1703, 31 Empl. Prac. Dec. (CCH) 33,420, 36 Fair Empl. Prac. Cas. (BNA) 599 (Pa. Ct. App. 1982).

Opinions

Opinion by

Judge MacPhail,

Tbe National Railroad Passenger Corporation (Amtrak) bas appealed from an order of tbe Pennsylvania Human Relations Commission (HRC). Tbe HRC concluded that Amtrak bad refused to hire Houston Small (Complainant) on tbe basis of a non-[64]*64job related handicap in violation of Section 5(a) of the Pennsylvania Human Relations Act (Act).1 We reverse.2

The findings of fact of the HRC, which are based on substantial evidence of record, establish that on or about July 19,1977, Complainant applied with Amtrak for employment as a trackman. The duties of a track-man include repairing, replacing and maintaining railroad track and maintaining rights of way. At the time his application was filed, 100 to 150 positions for trackmen were available. Although Complainant’s oral interview reflected his qualification for the work involved, a subsequent physical examination revealed that Complainant has an artificial right eye. As a result of Complainant’s failure to meet Amtrak’s vision standards, he was denied employment.

On July 28, 1977, Complainant filed a complaint with the HRC in which he alleged, inter alia, that Amtrak had rejected his employment application on the basis of his non-job related handicap and that such action constituted unlawful discrimination. Following a hearing, the HRC found that Amtrak had unlawfully discriminated against Complainant and ordered that he be offered the next available trackman position or any other position with comparable salary, benefits and promotional opportunities. It further ordered that Complainant be provided with retroactive seniority, back wages, and all other benefits to which he would have been entitled had he not been denied employment by Amtrak.3 Amtrak subsequently perfected its appeal to this Court from the HRC ’is order.

[65]*65In this .appeal our scope of review is to determine whether the HRO’s adjudication is in accordance with law and whether the findings of fact supporting its conclusions are based on substantial evidence. Slippery Rock State College v. Pennsylvania Human Relations Commission, 11 Pa. Commonwealth Ct. 501, 314 A.2d 344 (1974).

Section 5 of the Act, 43 P.S. §955, provides, in pertinent part, as follows:

It shall be an unlawful practice, unless based upon a bona fide occupational qualification... :
(a) For any employer because of the . . . non-job related handicap or disability of any individual to refuse to hire or employ, or to bar or to discharge from employment such individual, or to otherwise discriminate against such individual with respect to compensation, hire, tenure, terms, conditions or privileges of employment, if the. individual is the best able and most competent to perform the services required.

The term “non-job related handicap or disability” is defined in Section 4(p) of the Act, 43 P.S. §954(p), as “any handicap or .disability which does not substantially interfere with the ability to perform the essential functions of the employment which a handicapped person applies for____” (Emphasis added.)

In employment discrimination cases brought pursuant to Section 5 of the Act, the complainant bears the burden of establishing a prima facie case which, in general, requires proof that the complainant is a member of a protected class, that he applied for a job for which he was qualified, that his application was refused and that the employer continued to seek other applicants with equal qualifications. General Electric Corp. v. Pennsylvania Human Relations Commission, 469 Pa. 292, 365 A.2.d 649 (1976). Once the prima facie [66]*66case is established, the barden then shifts to the employer to establish a legitimate, nondiseriminatory reason for the denial of employment. McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). The employer’s burden may be satisfied by proof that the policy is necessary for the 'efficient and safe operation of the business. General Electric Corp.

It has been recognized in the ease law that the factors necessary to establish a prima facie case in a fair employment action will vary under different factual settings. General Electric Corp. As applied to the present ease, we think the Complainant must establish that he is handicapped, that he applied for a position for Which he was otherwise qualified, that his application was rejected because of bis handicap and that Amtrak continued to seek qualified applicants. See Philadelphia Electric Co. v. Pennsylvania Human Relations Commission, Pa. Commonwealth Ct. , 448 A.2d 701 (1982). Once having established a prima facie ease, we agree with the HRC that the burden then shifts to Amtrak to establish that the Complainant’s handicap is job related and, thus, presents a valid basis for the denial of employment. With regard to Amtrak’s burden, we note that pertinent regulations provide that a handicap may be job related “if placing the handicapped or disabled . . . applicant in the job would pose a demonstrable threat of harm to the health and safety of others.” 16 Pa. Code §44.4. We note ¡that this regulation was not promulgated until 1978 and, therefore, is not applicable to this case.4 We agree, however, that any threat to the health and safety of others which might be presented by the placement of a handicapped person in a particular job must be carefully considered in determining whether the handicap is job related.

[67]*67Turning now to the facts of the instant case, we think Complainant has clearly established a prima facie case. There can be little doubt that Complainant is handicapped. We have recently approved the HRC’s definition of a handicapped person, found at 16 Pa. Code §44.4, as one who “has a physical or mental impairment which substantially limits one or more major life activities.” See Philadelphia Electric Co. As the HRC states in its brief, “Obviously, lack of sight in one eye will impose a severe barrier upon a major life function — eyesight.” With regard to the other factors, the HRC’s findings and the record establish that Complainant was otherwise qualified for the position, that he was denied employment because of his handicap and that Amtrak continued to seek other qualified applicants.

The crucial issue in this case, therefore, is whether or not Amtrak has met its burden of establishing that its denial of employment to Complainant was based on a job related handicap. We conclude that Amtrak has satisfied that burden.

The HRC’s findings with regard to the impact of Complainant’s handicap on his eyesight reveal that the average binocular field of vision is approximately 180 degrees. Bach eye is capable of viewing a field of about 150 degrees. Of that 150 degrees, approximately 30 degrees comprise an exclusive peripheral vision area (referred to as the right or left crescent), while the remaining 120 degrees represent the central overlapping area which both eyes view.

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452 A.2d 301, 70 Pa. Commw. 62, 1982 Pa. Commw. LEXIS 1703, 31 Empl. Prac. Dec. (CCH) 33,420, 36 Fair Empl. Prac. Cas. (BNA) 599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-railroad-passenger-corp-v-commonwealth-pacommwct-1982.