Richard v. United States Postal Service

219 F. Supp. 2d 172, 2002 DNH 157, 13 Am. Disabilities Cas. (BNA) 1007, 2002 U.S. Dist. LEXIS 17447, 2002 WL 31041830
CourtDistrict Court, D. New Hampshire
DecidedAugust 21, 2002
DocketCIV. 00-436-B
StatusPublished
Cited by3 cases

This text of 219 F. Supp. 2d 172 (Richard v. United States Postal Service) is published on Counsel Stack Legal Research, covering District Court, D. New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Richard v. United States Postal Service, 219 F. Supp. 2d 172, 2002 DNH 157, 13 Am. Disabilities Cas. (BNA) 1007, 2002 U.S. Dist. LEXIS 17447, 2002 WL 31041830 (D.N.H. 2002).

Opinion

MEMORANDUM AND ORDER

BARBADORO, Chief Judge.

Roger Richard brings this action against the United States Postal Service (“USPS”) and the following individuals in their official capacities: John E. Potter, Postmaster General; Joseph Collins, Postmaster of the Manchester, New Hampshire, Post Office; Patricia Deschaines, former Station Manager at the Manchester Post Office’s South Station; Katherine Dircks (formerly Holopitza), Station Manager at South Station; and Hugh Eugene Mann, a supervisor at South Station. 1 *175 Richard claims that the defendants engaged in unlawful employment discrimination based upon his disability and gender, and also retaliated against him after he formally complained. Specifically, he alleges discrimination in violation of the Rehabilitation Act, 29 U.S.C. §§ 701 et seq. (Count I); retaliation (after filing an internal complaint) in violation of the Rehabilitation Act (Count II); retaliation (after filing a complaint in this court) in violation of the Rehabilitation Act (Count III); discrimination in violation of Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000e et seq. (Count IV); and retaliation in violation of Title VII of the Civil Rights Act (Count V). Currently before me is the defendants’ motion for summary judgment.

I. BACKGROUND 2

While serving in the United States Army, Roger Richard underwent surgery on his left shoulder to correct a chronic dislocation problem. The surgery caused ulnar nerve damage in his left shoulder, arm and hand. As a result, Richard has a limited range of motion in his left arm and experiences pain when he moves it beyond its limits. He cannot raise his arm over his head, and thus has difficulty getting dressed; he cannot bathe some parts of his body without assistance; and he cannot do household work that requires reaching, pushing or pulling with his left arm. Richard has never been able to- pick up his children and cannot engage in recreational sports that require the full use of -both arms.

Richard completed his service with the army in May 1985. Upon discharge, the Veterans Administration gave him an impairment rating of 30% due to his ulnar nerve damage. Richard subsequently applied for and accepted a position as a city letter carrier with the USPS, which afforded him hiring preference as a disabled veteran. Like all new carriers, Richard began as a part-time employee who filled in on an as-needed basis. He eventually obtained a full-time position with a right to bid for a permanent route, among other benefits. Assignment of permanent routes in the USPS depends upon seniority. Richard worked on various routes in Manchester between 1985 and 1995. By 1995 he had obtained enough seniority to bid successfully on Route 305, a “park and loop” route that required Richard to drive to one location, park his vehicle and deliver mail on foot to homes or businesses in a loop around the area where he had parked, then drive to a different location and repeat the process. 3

Prior to 1995, Richard manually sorted all his mail before embarking on his route for the day through a process known as “casing.” Casing involves placing standard sized envelopes (“letters”) into a desk fitted with shelves and slots and then repeating the process with circulars, magazines and other items larger .than a business or personal letter (“flats”). Richard was able to avoid extensive use of his left arm both when casing and delivering the mail. He carried letters in his left hand and flats in a bag on his right shoulder. At each address, he reached first into his bag to pull out the flats and then removed the letters from his left hand with his right hand. ■ He then placed the mail in boxes or slots with his right hand.

*176 In 1995, the Manchester Post Office adopted an automated system for mail sorting known as “Delivery Point Sequencing” (“DPS”). 4 While this system eliminated the need for carriers to case most letters, they still needed to hand sort flats and “residual” letters that the automated system was unable to sort. After introducing DPS, the USPS mandated that carriers carry two bundles of letters in one hand' — DPS (automatically sorted) letters and residual (manually sorted) letters. After DPS was implemented, Richard had to twist his left hand to determine whether letters from one or both bundles needed to be delivered to each address on his route. He also had to engage in more leaning and reaching to prepare mail for delivery. The increased strain on Richard’s left shoulder, arm and hand caused him to complain to his supervisor about the DPS system.

Richard produced a medical report and note from the Manchester Veterans Administration hospital (“VA”) dated September 13, 1995 that confirmed his disability and suggested that he be allowed to case his DPS mail as an accommodation. In response, the Post Office required Richard to undergo a “fitness for duty” medical examination by a physician it selected. The physician, Dr. John Barlley, completed a report, finding Richard medically qualified to perform his job, but recommending that Richard’s job functions be “modified as needed to minimize discomfort.” Postmaster Collins responded by advising Dr. Barlley that the USPS could not accommodate Richard by allowing him to case his DPS mail. This prompted Dr. Barlley to issue a second report in which he found that Richard was not medically qualified to perform the essential functions of his job.

In late September or early October, Richard was removed from Route 305 and was temporarily assigned to Route 177, a business route in Manchester that did not have any DPS mail. At the same time, Richard was told to file a “CA-2” form, indicating a work-related injury, to insure that he would not lose his job.

In November 1995, Richard bid successfully on Route 417, a “curbline/dismount” route consisting of residences and many large apartment buildings. Although the route required Richard to deliver DPS mail, his deliveries to the apartment buildings did not require him to carry two bundles of letters in one hand. Nevertheless, Richard was unable to complete his route in eight hours because neither the manually sorted nor the DPS mail for the apartment buildings was sorted into the proper mailbox sequence. In an effort to allow Richard to complete the route in less time, his supervisor, Gene Mann, granted Richard’s request in early 1997 to case all mail, including DPS mail. Both Mann and Richard were pleased with the increased efficiency that casing allowed.

Postmaster Collins observed Richard casing DPS mail for his route on February 20,1998, and ordered him to stop. Shortly thereafter, Richard discovered that a female co-worker with a disability similar to Richard’s had been permitted to case her DPS mail as an accommodation to her disability. This discovery prompted Richard to file a gender and disability complaint with the Post Office EEO Counselor on March 12, 1998.

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Cite This Page — Counsel Stack

Bluebook (online)
219 F. Supp. 2d 172, 2002 DNH 157, 13 Am. Disabilities Cas. (BNA) 1007, 2002 U.S. Dist. LEXIS 17447, 2002 WL 31041830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richard-v-united-states-postal-service-nhd-2002.