Stansbury v. Blue Cross of Idaho Health Service, Inc.

918 P.2d 266, 128 Idaho 682, 1996 Ida. LEXIS 71
CourtIdaho Supreme Court
DecidedJune 7, 1996
Docket22108
StatusPublished
Cited by7 cases

This text of 918 P.2d 266 (Stansbury v. Blue Cross of Idaho Health Service, Inc.) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stansbury v. Blue Cross of Idaho Health Service, Inc., 918 P.2d 266, 128 Idaho 682, 1996 Ida. LEXIS 71 (Idaho 1996).

Opinions

[683]*683SILAK, Justice.

Appellant Ann Stansbury (Stansbury) sought relief under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, e£ seq., and the Idaho Human Rights Act (IHRA), I.C. § 67-5901, et seq. The district court entered summary judgment for respondent Blue Cross of Idaho Health Service, Inc. (Blue Cross), finding that Stansbury had failed to prove that, with or without reasonable accommodations for her disabilities, she was qualified for the employment position she held. We vacate and remand.

I.

FACTS AND PROCEDURAL BACKGROUND

Prior to July 8, 1991, Stansbury worked for Blue Cross of Oregon as a customer service representative. Stansbury interviewed with Blue Cross for a similar position, but was informed that no such positions were available. Instead Blue Cross offered Stans-bury a position as a claims analyst. Stans-bury accepted the position with an understanding that she could later apply for a transfer to customer service.

Blue Cross had in place performance goals which it expected its employees to meet. Blue Cross used gradually escalating goals over a nine month period to raise its new employees’ abilities to the level expected of fully trained claims examiners. One performance goal required the ability to process claims at a rate of at least 85% of the performance standards, with no more than a 3% payment error rate and no more than a 6% coding error rate.. At the completion of her three month probationary period, Stansbury received a production rating of 50%, with a 1.6% payment error rate and a 6% coding error rate. Stansbury’s supervisor informed her that she was “performing above what is expected” and she was given an overall performance rating of 96%.

Shortly thereafter, Stansbury began to experience back and right arm and shoulder pains. In a discussion with her supervisor, Stansbury noted a similar experience at Blue Cross of Oregon. She stated that her previous employer had successfully alleviated her pains by providing her with an adjustable work-station designed by an ergonomist. Blue Cross took no action.

After her probationary period, Stansbury became increasingly unable to meet the escalating production goals. At the conclusion of her nine month training period, Stansbury was processing claims at a rate of 47% of the performance standards, with a 4% payment error rate and a 5% coding error rate. Nonetheless, she received an overall performance rating of 86%. Her supervisor noted that Stansbury tended to be easily distracted and inattentive. Her next evaluation noted a small improvement to a 55% production rating, with a 2.6% payment error rate and a 1% coding error rate. She received an overall performance rating of 88%.

After working at Blue Cross for over a year, Stansbury requested a transfer to the customer service department. Blue Cross denied her request on the basis that new performance standards required an employee seeking a transfer to have at least a 95% overall performance rating.

Since her production levels were still below expectations, Blue Cross instituted weekly meetings between Stansbury and her supervisor. Blue Cross hoped the weekly meetings would provide suggestions and continued training to help Stansbury raise her production ratings. Instead, Stansbury felt that no help was being given to her at these meetings, that they placed additional stress upon her, and that they caused her to experience severe depression. When Stansbury communicated the detrimental effect that she believed these meetings were having on her, they were moved from Fridays to Mondays. At these weekly meetings Stansbury repeatedly informed her supervisors that she was experiencing back and shoulder pains and requested an adjustable desk set up by an ergonomist.

In late 1992, Stansbury experienced intestinal problems which required surgery. She took medical leave and returned to work a month later. After her return, Blue Cross conducted another performance evaluation. Stansbury’s production rating was 56%, with a payment error rate of 3.4% and coding [684]*684error rate of 1.2%, for an overall performance rating of 87%. As a result, Blue Cross placed Stansbury on a sixty day probation. She was informed that the failure to achieve the established production goals by the end of the probationary period would result in termination of her employment.

After being placed on probation, Stansbury received the adjustable desk she had requested. She informed her supervisors that her arm and shoulder felt better and her processing rate increased to 67%. Shortly thereafter Stansbury developed problems with her thumb which resulted in her production rate falling to 54%. Blue Cross refused her request for an ergonomist to help her set up her desk. Stansbury visited a hand specialist who diagnosed her with carpal tunnel syndrome and tendinitis, later determined to be radial tunnel syndrome. Stansbury informed her supervisors and filed a worker’s compensation claim with the Idaho Industrial Commission. When the probationary period expired and Stansbury still had not met the established production goals, Blue Cross terminated her employment.

Stansbury filed suit in district court alleging disability discrimination under IHRA and ADA, as well as age discrimination under IHRA and the federal Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. Blue Cross moved for summary judgment.1 In opposition, Stansbury submitted her own affidavit asserting that “I could have done the work for Blue Cross, if they had listened to me and provided the help I requested.” Stansbury also submitted affidavits from her professional counselor and a consulting physician to the Department of Health and Welfare. These affidavits indicated that Stansbury was psychologically and physically disabled and that Blue Cross’ failure to recognize and accommodate her impairments made it “difficult if not impossible to perform at the level expected at Blue Cross of Idaho.”

The district court granted Blue Cross’ motion for summary judgment finding that all of Stansbury’s claims failed because she did not prove that she was qualified to perform the essential functions of the position. In light of her consistent failure to meet the production goals set by Blue Cross, the district court concluded that Stansbury had failed to show that, with or without reasonable accommodation for her disabilities, she would have been able to process claims at a rate of 85%.

Stansbury appealed only as to her disability claims and did not raise on appeal her age discrimination claims.

II.

ISSUES ON APPEAL

1. Whether the district court erred in considering, analyzing, and deciding Stansbury’s disability claim solely as a claim for intentional disability discrimination.
2. Whether the court erred in determining, as a matter of law, that Stansbury had not presented an adequate claim of intentional disability discrimination.

III.

STANDARD OF REVIEW

Stansbury appeals the district court’s entry of summary judgment against her. In such a case, the Idaho Supreme Court employs the same standard as that used by the trial court when ruling on the motion. Avila v. Wahlquist,

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Stansbury v. Blue Cross of Idaho Health Service, Inc.
918 P.2d 266 (Idaho Supreme Court, 1996)

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918 P.2d 266, 128 Idaho 682, 1996 Ida. LEXIS 71, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stansbury-v-blue-cross-of-idaho-health-service-inc-idaho-1996.