State ex rel. Johnson v. City of Duluth

402 N.W.2d 579, 1987 Minn. App. LEXIS 4163
CourtCourt of Appeals of Minnesota
DecidedMarch 17, 1987
DocketNo. C5-86-1660
StatusPublished
Cited by1 cases

This text of 402 N.W.2d 579 (State ex rel. Johnson v. City of Duluth) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Johnson v. City of Duluth, 402 N.W.2d 579, 1987 Minn. App. LEXIS 4163 (Mich. Ct. App. 1987).

Opinion

OPINION

SEDGWICK, Judge.

In this appeal from a final administrative decision in a contested case, the State contends the administrative law judge erred in dismissing its complaint of employment discrimination based on disability under the Minnesota Human Rights Act. We affirm.

FACTS

In 1979, the City of Duluth established a program of special testing, known as the “100-day program,” for disabled persons interested in obtaining employment with the city. The program was designed to enable disabled persons whose disabilities prevent them from competing equally in the standard written civil service examinations to prove their job qualifications by working on the job for which they are applying for up to 100 days.

[581]*581The following civil service rule provides the procedure and criteria for admission into the program:

Any person with a disability who believes that such disability is such that any original entrance test * * * does not provide such person an equal opportunity to demonstrate or manifest such person’s suitability for employment in a particular classification * * * may request * * * to be tested for such classification by being temporarily employed in such classification.
He * sfc * * *
The [Disability Advisory Commission (“DAC”)] shall * * * determine whether it agrees with the requestor’s above-mentioned belief. If it thus agrees, it may recommend to the [Civil Service Board (“CSB”)] that the [CSB] permit the re-questor to be tested for the particular classification by being temporarily employed in a position in such classification. The [DAC] shall then also provide to the [CSB] information which supports the [DAC’s] recommendation. The [CSB] may authorize such special test, with or without such recommendation by the [DAC], if the [CSB] agrees with the re-questor's belief.

On March 6,1980, Richard Occhino asked to participate in the 100-day program for a position as a water and gas maintenance apprentice. On September 9, 1980, the DAC recommended by a four to one vote that the CSB admit Occhino into the program based on his “history of epilepsy and emotional problems which has impaired his ability to compete effectively in the traditional civil service selection process.” However, Occhino withdrew his application before the CSB could act on it.

Occhino renewed his application in July, 1981. On August 11, 1981, the DAC voted four to one to allow its original recommendation to stand.

The CSB considered the DAC’s recommendation on August 18, 1981. The minutes of the meeting as initially prepared state:

Following discussion, the [CSB] moved to: 1) reject the recommendation of the [DAC], and 2) return the recommendation to the [DAC] for additional information.

When the CSB approved those minutes on September 1, 1981, however, it corrected item two to read as follows:

2) the [DAC] reconsider this application only if they deem it necessary — the [CSB] is not requesting additional information regarding this matter.

On December 8, 1981, Occhino filed a charge of employment discrimination against Duluth with the Minnesota Department of Human Rights. After initially finding that no probable cause exists to credit the allegation, the Department reversed itself and found probable cause. On September 18, 1985, the Commissioner of Human Rights issued a complaint alleging that Duluth had violated the Minnesota Human Rights Act’s prohibition against unfair employment discrimination based on disability.

After a contested case hearing, the administrative law judge dismissed the complaint. He concluded that the State had failed to establish a prima facie case of employment discrimination; that Duluth had articulated legitimate, non-discriminatory reasons for its action; and that the State had not demonstrated that those reasons were pretextual. He denied the State’s motion for reconsideration, and this appeal followed.

ISSUE

Did the administrative law judge err in determining that appellant failed to establish a prima facie case of employment discrimination based on disability under the Minnesota Human Rights Act?

ANALYSIS

Minn.Stat. § 14.69 (1986) provides that on appeal a court may reverse the decision of an agency in a contested case

if the substantial rights of the petitioners may have been prejudiced because the [582]*582administrative - finding, inferences, conclusion, or decisions are:
* * * * * *
(d) Affected by * * * error of law; or
(e) Unsupported by substantial evidence in view of the entire record as submitted * * *.

The State argues that we should reverse the administrative law judge’s order of dismissal because his conclusion that it failed to establish a prima facie case is affected by error of law, and his conclusion that Duluth had articulated non-discriminatory reasons for its failure to accept Occhino into the program is not supported by substantial evidence.

The administrative law judge’s decision in favor of Duluth is a final decision of the Minnesota Department of Human Rights. Minn.Stat. § 363.071, subd. 3 (1986). On appeal, decisions made by administrative agencies are presumed correct. Reserve Mining Co. v. Herbst, 256 N.W.2d 808, 824 (Minn.1977). Factual findings made by an agency in a quasi-judicial context, such as this, will be upheld if they are supported by “substantial evidence.” City of Moorhead v. Minnesota Public Utilities Commission, 343 N.W.2d 843, 846 (Minn.1984). This means the evidence “con1 sidered in its entirety” is such that “a reasonable mind might accept [it] as adequate to support a conclusion.” Reserve Mining, 256 N.W.2d at 825.

The Commissioner's complaint alleges that Duluth violated Minn.Stat. § 363.03, subd. 1(2) (1984). That statute provides:

Except when based on a bona fide occupational qualification, it is an unfair employment practice:
* * * * * *
(2) For an employer, because of * * * disability * * *,
******
(c) to discriminate against a person with respect to hiring * * *.

Id.

The Minnesota Supreme Court has adopted the three-part test of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973) for analyzing claims of unfair employment discrimination under the Minnesota Human Rights Act. See, e.g., Sigurdson v. Isanti County, 386 N.W.2d 715 (Minn.1986). This analysis consists of (1) plaintiff establishing a prima facie case of discrimination; (2) defendant answering with evidence of some legitimate, non-discriminatory reason for its action; and (3) plaintiff rebutting the answer by showing the reason is actually a pretext for discrimination. Id. at 720.

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Related

Occhino v. Lannon
150 F.R.D. 613 (D. Minnesota, 1993)

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Bluebook (online)
402 N.W.2d 579, 1987 Minn. App. LEXIS 4163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-johnson-v-city-of-duluth-minnctapp-1987.