State Ex Rel. Khalifa v. Hennepin County

420 N.W.2d 634, 1988 Minn. App. LEXIS 303, 46 Fair Empl. Prac. Cas. (BNA) 346, 1988 WL 18024
CourtCourt of Appeals of Minnesota
DecidedMarch 8, 1988
DocketC6-87-1872
StatusPublished
Cited by11 cases

This text of 420 N.W.2d 634 (State Ex Rel. Khalifa v. Hennepin County) 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. Khalifa v. Hennepin County, 420 N.W.2d 634, 1988 Minn. App. LEXIS 303, 46 Fair Empl. Prac. Cas. (BNA) 346, 1988 WL 18024 (Mich. Ct. App. 1988).

Opinion

OPINION

HUSPENI, Judge.

Mark Barta, the charging party, applied to Hennepin County, appellant, for the position of correctional officer at the Hennepin County Adult Correctional Facility. Barta was offered a position on the condition he passed a physical examination. He accepted this condition. Appellant later withdrew the employment offer on the basis that Barta failed to pass the medical examination. Barta filed a charge with the Minnesota Department of Human Rights alleging disability discrimination. An administrative law judge found appellant discriminated against Barta on the basis of disability and ordered appellant to pay damages, medical costs, attorney fees and a penalty. We reverse.

FACTS

In August of 1982, Mark Barta was involved in a motor vehicle accident in which he sustained spinal injuries. He was hospitalized for one hundred days during which time he underwent surgery. As a result of his injuries, Barta has a limp in his left leg caused by muscle weakness, and for which he wears a ninety-degree, twelve inch, plastic brace.

*636 At the date of the accident, Barta was a student at the University of Wisconsin where he majored in criminal justice. After his recovery from surgery, Barta was concerned that he would be unable to work as a law enforcement officer and changed the emphasis of his studies to corrections. He completed his university education in December of 1985. At the hearing before the administrative law judge, Barta testified that his career goal was to attain a supervisory or administrative position in corrections.

Barta was employed in various voluntary and part-time positions from June of 1983 through June of 1985. He then obtained a permanent position as a chemical dependency counselor with Olmsted County Department of Social Services which position he occupied at the date of the hearing.

In October of 1984, Barta applied to the Hennepin County Personnel Department for a position of a correctional officer. To qualify for consideration, he participated in an oral examination and appeared for a panel interview. Additionally, he signed a release permitting appellant to investigate his employment history, driving record, medical, academic and criminal history background. The record indicates that appellant never obtained Barta’s medical records. Barta also completed the Multi-phasic Personality Inventory test. He was notified that he scored 75.15 in the tests and was twenty-first on the list for the position of correctional officer.

On December 20, 1984, Barta was called to an interview for a full-time temporary position at the Hennepin County Adult Correctional Facility. He was interviewed by the supervisor of the men’s section of the facility who had been employed there for more than seventeen years. Barta was not asked questions concerning his physical health at either the interview with the panel or with the supervisor.

The Adult Correctional Facility is a medium security facility with a maximum capacity of four hundred and ten inmates. It houses felons, gross misdemeanants and misdemeanants. There is a large minority population and the facility has problems with racial conflicts.

The facility operates on three shifts each day. Thirteen correctional officers serve on each of the first and second daytime shifts; six officers serve on the night shift. Each correctional officer has a portable radio, some have handcuffs, but none of the officers carry weapons. The correctional officers vary in age from those in their twenties to those who are over fifty years of age. More senior officers have less contact with the inmates than do the younger officers.

The job description for the position indicates that a correctional officer:

Enforces appropriate Minnesota Statutes relating to the confinement of prisoners; controls residents from stations or by patrolling in cell blocks, yard, grounds, corridors, dormitories, or work areas; escorts individual or groups of residents to work or other assignments or activities; maintains order and discipline at all times; may place inmates in restraining devices; keeps continual count of residents assigned; assists in searching for escapees, their capture and return to the facility; inspects cells, recreation areas, grounds, work location, and other facilities for unauthorized objects or material, maintains and checks order, safety and the well-being of residents; searches residents; enforces rules of conduct, security, and labor standard * * *

Additionally, the correctional officer is required to carry out various clerical tasks such as maintaining records of resident funds, and various supervisory tasks such as overseeing residents using the laundry facilities. A statement of the necessary knowledge, abilities and skills is also set out in the job description. There is nothing in the job description which specifically indicates the required physical abilities of a correctional officer.

Several days after the job interview, Bar-ta was offered and accepted the position of temporary full-time correctional officer. He was notified of his hours and salary, and that there was no guarantee of an offer of a permanent position. Later that *637 same day, the supervisor advised Barta he must submit to the pre-employment physical. These communications took place by telephone and there is no record of what was said.

During the physical, Barta filled out a form in which he disclosed the nature and extent of the injuries he received in the 1982 accident. The physician who examined Barta specializes in occupational medicine and has evaluated applicants for the job of correctional officer at the facility for ten years. Although the physician has not himself visited the facility, his staff has made reports to him of their visits. Bar-ta’s medical records were not before the physician. Consequently, Barta disclosed the fact that he had been injured in a motor vehicle accident and that he wore a brace. The physician checked the mobility of Bar-ta’s neck, arms and legs, and observed Barta walking without his brace. Neither X-rays, reflex tests nor a physical examination of Barta’s leg was conducted. Appellant chose to conduct a medical examination of prospective employees rather than conduct strength and agility tests; therefore, no such tests were conducted. The physical examination took approximately fifteen minutes, and upon its completion the physician advised Barta that he was not a good risk for the position of correctional officer because of his susceptibility to further injury.

The physical evaluation report indicates that Barta disclosed that his spine had been fractured in the cervical and thoracic areas. The physician noted that Barta had almost full mobility in his neck; that the damage to the thoracic vertebrae resulted in the Brown-Sequard’s Syndrome with partial paralysis of the left lower leg, a loss of dorsiflexion in the left ankle, and with atrophy of the calf muscle. He stated that in his opinion, the nerve damage placed Barta at a greater risk of future injury and that although Barta was “suitable for work,” he should not be “exposed to physical violence.”

Upon receiving the physical evaluation report, the supervisor discussed Barta’s condition with the physician.

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Bluebook (online)
420 N.W.2d 634, 1988 Minn. App. LEXIS 303, 46 Fair Empl. Prac. Cas. (BNA) 346, 1988 WL 18024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-khalifa-v-hennepin-county-minnctapp-1988.