Owens v. Runyon

865 F. Supp. 614, 3 Am. Disabilities Cas. (BNA) 1405, 1993 U.S. Dist. LEXIS 20361, 1994 WL 583058
CourtDistrict Court, W.D. Missouri
DecidedSeptember 16, 1993
DocketNo. 91-0795-CV-W-1
StatusPublished
Cited by1 cases

This text of 865 F. Supp. 614 (Owens v. Runyon) is published on Counsel Stack Legal Research, covering District Court, W.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Owens v. Runyon, 865 F. Supp. 614, 3 Am. Disabilities Cas. (BNA) 1405, 1993 U.S. Dist. LEXIS 20361, 1994 WL 583058 (W.D. Mo. 1993).

Opinion

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

WHIPPLE, District Judge.

This action was filed pursuant to the Rehabilitation Act, 29 U.S.C. § 794(a). The plaintiff is a black male who applied for a position with the United States Postal Service. The case was tried by the Court without a jury on June 2, 1993. At the conclusion of the trial, this Court issued a bench decision advising the parties that judgment would be entered in favor of the defendant because plaintiff had failed to prove that he was treated differently than persons who were not disabled, and that defendant’s actions were taken for legitimate non-discriminatory reasons which the plaintiff could not prove to be pretextual. The Court hereby enters the following findings of fact and conclusions of law.

Findings of Fact

1. While Owens was in the Army, a lantern exploded, severely burning his face, upper extremity, trunk and hands. Soon after the accident, the Army rated Owens as 90 percent disabled and the Veterans Administration (“VA”) later determined that he had a service-connected, compensable injury of 30 percent or more. The VA examined Owens [616]*616again in March 1985 and determined that his scars were nearly healed and he had a good range of motion in the neck and the upper extremities except for the little finger on his right hand. Owens currently has scar tissue over 22.5 percent of his body.

2. In May 1986, plaintiff pled guilty to a charge of felony burglary in Wyandotte County, Kansas. This was the plaintiffs first criminal offense and he was placed on probation.

3. Owens applied with the United States Postal Service (“USPS”) for a position as a city or special delivery carrier in Kansas City. On July 13, 1988, plaintiff received a call-in notice from the Postal Service. The call-in notice informed Owens that his name had been reached on the employment register for the position of city or-special delivery carrier and that he should report for an interview. Plaintiff advised the Postal Service that he was not available for employment until after October 1988.

4. Subsequently, plaintiff was called in regarding a part-time flexible carrier position. On December 13, 1988, plaintiff completed an employment application. On that application, plaintiff indicated that he had been convicted of burglary in May 1986.

5. The Postal Service sent plaintiff for a pre-employment examination on January 23, 1989. The examining physician concluded that “patient may be at increased risk for thermal injury to burned areas if exposed to prolonged extreme temperature changes.”

6. The physician rated plaintiff as a low risk, which means “examinee is medically qualified to perform the central functions of the position at the time of examination, but periodic medical follow-up is recommended.”

7. On January 23, 1989, the nurse from the Postal Service’s Medical Unit noted that plaintiff was “medically unacceptable or questionable.” The medical unit nurse also noted that the examining physician needed to view plaintiffs VA records which the Postal Service requested. The medical unit nurse further noted that exposure to cold may increase probability of problems to burn sites on his hands.

8. On January 31, 1989, the nurse informed the personnel office that Owens needed his records reviewed by the examining physician as requested on January 23, 1989.

9. A second memorandum issued by the nurse on January 31, 1989, indicated that plaintiffs records had been reviewed by the examining physician and it was determined that his medical eligibility for the carrier position was still questionable because of possible aggravation of his preexisting condition.

10. On February 7, 1989, the contract physician examined Owens again at the plaintiffs request and recommended that he be issued cold weather protective clothing to prevent injury.

11. On February 2, 1989, plaintiff directed a letter to the Personnel Office wherein he explained the circumstances surrounding his aggravated burglary conviction.

12. On February 3, 1989, the supervisor of Employment and Development, Thomas Naylor, requested approval from the Director of Human Resources, Joel Berman, to pass over Owens’ name on the roster based on his recent conviction for burglary. The request was approved on February 9, 1989.

13. Plaintiff was informed that he was tentatively disqualified for employment by the agency on February 9, 1989, because of his personal unsuitability as evidenced by the 1986 felony conviction.

14. Plaintiff was also informed that the Office of Personnel Management (“OPM”) would be reviewing the Postal Service’s decision because plaintiff was a veteran with a service-connected disability of 30 percent or more.

15. On June 20, 1989, OPM rendered a decision affirming the Postal Service’s decision to pass over plaintiffs name on the applicant’s roster.

16. On July 26,1989, the OPM supervisor of Personnel Security Specialist rescinded the OPM decision dated June 20, 1989, and found plaintiff eligible for duty.

17. On September 5, 1989, the plaintiff was informed by Thomas G. Naylor, Manager of Employment and Development of the Kansas City Division, that “after reviewing [617]*617your Veterans Administration medical file we decided to send you back to our contract physician for a reevaluation. Please come to the Personnel Office, Room 582C, and pick up the required forms from Ms. Vanessa Tooms to take another physical.”

18. In response, Owens informed the agency that he was seeking the advice of legal counsel.

19. On September 26, 1989, the agency again directed plaintiff to submit to another physical examination.

20. Owens refused to be examined. On October 6, 1989, Owens filed a complaint of discrimination with the USPS.

21. In a letter to Owens dated October 17, 1989, the USPS stated:

we need our doctor to determine if the authorized uniform is sufficient to protect you and if fingering mail with a light glove or without a glove is going to affect the scars on your hands. When walking house to house the carrier must finger the mail to have it ready to be placed in the mail box. A carrier cannot finger the mail with warm bulky gloves.

22. During the trial, plaintiff testified that he was subsequently notified in late 1989 that his name had been reached on the employment registry for a position as a clerk with the Postal Service. Owens chose not to pursue the position because he was thinking of going back to community college.

23. Plaintiff also testified during questioning by his attorney that in 1992 he was convicted of another felony for assault and was awaiting sentencing at the time of trial.

24. Two former Postal Service employees, Thomas Naylor and Ken Endsley, and the current Belton, Missouri, Postmaster, Joel S. Berman, testified that they worked in the Human Resources Section of the Main Kansas City Post Office in 1989. They confirmed that it would not be uncommon to require an applicant to get a new physical if more than six- months had passed since the medical form was completed.

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865 F. Supp. 614, 3 Am. Disabilities Cas. (BNA) 1405, 1993 U.S. Dist. LEXIS 20361, 1994 WL 583058, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owens-v-runyon-mowd-1993.