Nordhoff v. Johnson

81 F. App'x 885
CourtCourt of Appeals for the Seventh Circuit
DecidedNovember 21, 2003
DocketNo. 02-3805
StatusPublished

This text of 81 F. App'x 885 (Nordhoff v. Johnson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nordhoff v. Johnson, 81 F. App'x 885 (7th Cir. 2003).

Opinion

ORDER

John Nordhoff, acting pro se, sued the Secretary of the Navy, pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., for violating the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq., by refusing to accommodate his mental handicap. Nordhoff suffers from obsessive/compulsive disorder and depression and has been under psychiatric care since approximately 1986. The district court found that Nordhoff failed to demonstrate any discrimination and granted summary judgment in favor of the Secretary. Nordhoff appeals and we affirm.

Nordhoff had a long history working with the Navy. In 1971, he was employed full-time as an electrical engineer by the Naval Weapons Support Center in Crane, Indiana. He left that job in 1976 but returned in 1980 as a project manager in charge of construction contracts for the Public Works department. In 1986, however, he suffered an unspecified traumatic [887]*887experience on the job, was hospitalized, and took medical leave. When he returned, he began working for the Small Business Innovation Research group as program manager, qualifying independent small business engineering firms to perform feasibility and developmental studies for new products. Due to funding cutbacks, in early March 1991 Nordhoff was reassigned to test, evaluate, and repair a Scanning Electron Microscope (SEM). This new job required him to do electronics repair work, a task he did not have to perform in his previous management positions, and he says it caused him “anxiety, high blood pressure, periods of great nervousness, diarrhea, and ... an inability to cope.” In May 1991, Nordhoff was taken to the emergency dispensary twice due to stress from the SEM job, and subsequently went on sick leave for two weeks. The problems continued the following month, when again he was taken to the dispensary and had to miss work.

In mid-June, NordhofPs manager determined that the SEM position was one of low stress and assigned Nordhoff permanently to that job. Nordhoff wrote several letters to his manager and supervisor stating that he could not accept the position due to “a personal mental/physical health problem,” and stated that the job made him anxious. He requested reassignment to a project manager position.

At the end of June, the Center’s Human Resources (HR) department had Nordhoff undergo a psychiatric evaluation as part of a fitness-for-duty examination. The psychiatrist concluded that Nordhoff had a severe obsessive/compulsive neurosis and that he was not capable of handling the new job of evaluating and repairing the electron microscope but that, if he “returned to a type of project manager work that he had in the past,” he could be a competent and successful employee. Nordhoff s manager says that he understood the evaluation to mean that Nordhoff could not perform the SEM job no matter what kind of accommodation could be made.

Nordhoff met with the HR director and manager in mid-July and discussed with them the type of project manager positions he believed would suit him. He suggested that he be placed in one of two available positions: the first was a Trident missile guidance project manager that required detailed knowledge of the Trident system and was a grade higher than any grade Nordhoff had held; and the second involved working with printed circuit boards, which required detailed mechanical engineering skills. The HR manager and director told Nordhoff that they had considered him only for other project management positions outside of Public Works, but believed that each one required expertise Nordhoff did not have and would be too stressful for him, with extensive travel, short deadlines, and relying heavily on interpersonal skills. The HR manager stated that Public Works had more low-level stress positions available. However, after the two men suggested alternative positions in Public Works, Nordhoff wrote back, stating that he could never return to work in his former department, which years earlier he had to leave “under conditions so traumatic I was hospitalized in the Stress Care Center for 17 days and I have been unable to return there or certain other places on this depot.”

In August, the commander of the Center sent Nordhoff a letter stating that as an accommodation for NordhofPs stress problem caused by the SEM job, in September he would be reassigned to unclassified duties in Public Works at his current salary. Nordhoff promptly responded, reiterating that he could not be placed in Public Works because “[t]he complete reasons are so personal and traumatic I could only tell them in confidence to a Priest or [888]*888my Doctor, but suffice it to say now it would be impossible for me to work in Public Works or in Building 41.” Declining to substantiate the problems, Nordhoff added that “the exact and detailed reasons why are private, personal, and medical in nature. Since you are not competent to render decisions or opinions regarding my or anyone elses [sic] medical condition, I see no reason to divulge to you why I can not work in PW or [Building] 41.”

At the end of August, the commander informed Nordhoff that the assignment in Public Works was an interim measure to accommodate his limitations, and warned Nordhoff that he would be subject to “severe disciplinary action” if he failed to report for duty. The commander also advised Nordhoff that if he could not physically perform the Public Works job, he should contact HR for disability retirement counseling.

Nordhoff believed the commander’s letter meant that he would be fired or would have to retire if he did not accept the new assignment. On September 3, his first day of the new job, Nordhoff called his supervisor to tell him he could not report to Public Works due to health problems. Nordhoffs supervisor later called him and told him he was being placed on “absent without leave” status because he had not shown up for work. The following day, Nordhoff went to HR to obtain the paperwork for retirement proceedings.

Nordhoff then submitted an application for disability retirement and included physicians’ statements recommending disability retirement due to obsessive/compulsive disorder and major depression. Nordhoffs application was approved and became effective in October.

After pursuing administrative remedies with the Navy, Nordhoff filed this complaint in the district court, alleging that the Center discriminated against him based on his mental handicap and forced him to take disability retirement. The district court granted summary judgement in favor of the Center, finding that Nordhoff failed to create any issue of fact as to whether the Center violated the Rehabilitation Act by refusing to accommodate his mental handicap and forcing him to choose between termination and disability retirement.

On appeal, Nordhoff argues that the district court erred in finding there was no genuine issue as to any material fact establishing that his retirement did not result from illegal discrimination. He maintains that he has shown he was a qualified handicapped individual who was not accommodated and was forced into retirement. We review the district court’s grant of summary judgment de novo, viewing all of the facts and drawing all reasonable inferences in favor of the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct.

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81 F. App'x 885, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nordhoff-v-johnson-ca7-2003.