Sch. Dist. of Phila. v. Friedman

507 A.2d 882, 96 Pa. Commw. 267, 1986 Pa. Commw. LEXIS 2090, 39 Empl. Prac. Dec. (CCH) 36,078, 40 Fair Empl. Prac. Cas. (BNA) 896
CourtCommonwealth Court of Pennsylvania
DecidedApril 7, 1986
DocketAppeal, 2073 C.D. 1984
StatusPublished
Cited by10 cases

This text of 507 A.2d 882 (Sch. Dist. of Phila. v. Friedman) 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
Sch. Dist. of Phila. v. Friedman, 507 A.2d 882, 96 Pa. Commw. 267, 1986 Pa. Commw. LEXIS 2090, 39 Empl. Prac. Dec. (CCH) 36,078, 40 Fair Empl. Prac. Cas. (BNA) 896 (Pa. Ct. App. 1986).

Opinions

Opinion by

Senior Judge Barbieri,

This is the appeal of the School District of Philadelphia (School District) from a final decree in equity of the Court of Common Pleas of Philadelphia County ordering it to reinstate William B. Friedman, with back pay, to his position of Programmer II in its data processing department. After a hearing on Friedmans complaint in equity seeking injunctive relief, the chancellor, the Honorable Berel Caesar, entered a decree nisi directing Friedmans reinstatement because the School Districts action of discharging him was in violation of Section 5 of the Pennsylvania Human Relations Act (Act), Act of October 27, 1955, P.L. 744, as amended, 43 P.S. §955(a). Section 5 of the Act, 43 P.S. §955, states in relevant part that “[i]t shall be an unlawful discriminatory practice ... (a) For an employer because of the ... non-job related handicap or disability of any individual ... to bar or to discharge from employment such individual ... if the individual is the best able and most competent to perform the services required — ” The chancellor allowed some, hut dismissed most, of the School Districts exceptions to his adjudication nisi, and he entered his decree nisi as the final decree. This, as we have said, ordered the School District to reinstate Friedman with back pay. This appeal followed.

Friedman began as a volunteer in the School Districts data processing department in 1969. In January [270]*2701970, Friedman was hired as a computer programmer trainee and continued in the School Districts employ until May 2, 1980, when he was discharged for chronic lateness. Friedman had failed to arrive for work on time almost everyday of his employment.

Following his discharge, Friedman filed a complaint with the Pennsylvania Human Relations Commission (PHRC) asserting that the School District had discriminated against him by discharging him because of his alleged mental disability, a personality disorder a manifestation of which is chronic lateness, which was not job-related. In accordance with Section 9 of the Act of October 27, 1955, P.L. 744, as amended, 43 P.S. §959, the PHRC, after the filing of the complaint, made an investigation and subsequently determined that no probable cause existed for crediting the allegations of the complaint. As permitted by Section 6 of the Act, 43 P.S. §962(c), Friedman then filed his complaint in equity in the Philadelphia County Court of Common Pleas.

In employment discrimination cases, the complainant, or as in this equity action, the plaintiff, bears the burden of establishing a prima facie case which, in this case, requires proof that Friedman is disabled, that he was appointed to a position for which he was otherwise qualified, that he was discharged, and that his employer replaced him with someone with equal or lesser qualifications. See General Electric Corp. v. Pennsylvania Human Relations Commission, 469 Pa. 292, 365 A.2d 649 (1976). Once the prima facie case is established, the burden then shifts to the employer to establish a legitimate, non-discriminatory reason for the denial of employment. McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). Thus, provided Friedman has met his burden of establishing that he is disabled under the Act, it becomes the School Districts burden to establish that Friedmans disability is job-related and, therefore, [271]*271provides a valid basis for the discharge. Amtrak v. Pennsylvania Human Relations Commission, 70 Pa. Commonwealth Ct. 62, 452 A.2d 301 (1982).

After an evidentiary hearing, the chancellor made numerous findings of feet and concluded:

1. Plaintiff William B. Friedman is disabled under the Pennsylvania Human Relations Act, 43 P.S. §955.
2. Mr. Friedmans disability did not interfere substantially with his performance and was therefore non-job related.
3. (a) Mr. Friedmans disability can be, and has been, reasonably accommodated by the School District;
(b) Said reasonable accommodation does not impose undue hardship on the School District.
4. Mr. Friedman is qualified for the position for which he seeks reinstatement. (Footnote omitted.)

On appeal, the School District asserts (1) that the court erred in concluding that Friedman is disabled as provided by Section 5 of the Act, 43 P.S. §955, and further defined by regulation at 16 Pa. Code §44.4, (2) that the court erred in concluding that Friedmans chronic lateness is not job-related, (3) that the court erred in concluding that accommodating Friedmans chronic lateness does not impose undue hardship on the School District, and (4) that the testimony of Friedmans experts was improperly admitted into evidence.

The scope of our review of a chancellors adjudication is very narrow. It has been held that determinations of a chancellor will not be disturbed on appeal unless they are clearly erroneous as a matter of law or are in manifest abuse of the chancellors sound discretion. Borough of Yeadon v. Montgomery, 72 Pa. Commonwealth Ct. 31, 455 A.2d 785 (1983); Quaker City Yacht Club v. [272]*272Leon B. Williams, 59 Pa. Commonwealth Ct. 256, 429 A.2d 1204 (1981). The chancellors findings of feet are controlling on appeal unless it can be shown that they lack evidentiary support, or that the chancellor capriciously disbelieved the evidence or abused his discretion in arriving at those findings. United States Steel Corp. v. Hoge, 304 Pa. Superior Ct. 182, 450 A.2d 162 (1982), revd and remanded on other grounds, 503 Pa. 140, 468 A.2d 1380 (1983).

As support for the chancellors conclusion that Friedman is disabled under the Act, the chancellor found that the School Districts physician diagnosed Friedmans condition as a “neurotic compulsion for lateness” and that the School District had received from John E. Mock, M.D., Friedmans treating psychiatrist of ten years, a letter which labelled Friedmans chronic lateness a “behavioral aberration.” The chancellor also found that, commencing April 8, 1980, Friedman began being treated by Dr. Susan Jasin, a clinical psychologist trained in behavioral modification therapy. Finally, the chancellor found that “William B. Friedman, at all times relevant hereto, suffered from, and continues to suffer from, a mental disability, as a result of which he is chronically late for virtually all of his life’s activities, including reporting for work.”

Our study of the record leads us to conclude there is no support for the above finding and the chancellor’s conclusion of law in this regard. In order to establish a disability under the Act, reference must be made to 16 Pa. Code §44.4 which defines “handicapped or disabled person” as follows:

(i) A person who:

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Sch. Dist. of Phila. v. Friedman
507 A.2d 882 (Commonwealth Court of Pennsylvania, 1986)

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507 A.2d 882, 96 Pa. Commw. 267, 1986 Pa. Commw. LEXIS 2090, 39 Empl. Prac. Dec. (CCH) 36,078, 40 Fair Empl. Prac. Cas. (BNA) 896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sch-dist-of-phila-v-friedman-pacommwct-1986.