Stratton v. Missouri Department of Corrections & Human Resources

897 S.W.2d 1, 4 Am. Disabilities Cas. (BNA) 49, 1995 Mo. App. LEXIS 181
CourtMissouri Court of Appeals
DecidedFebruary 7, 1995
DocketNo. WD 49749
StatusPublished
Cited by6 cases

This text of 897 S.W.2d 1 (Stratton v. Missouri Department of Corrections & Human Resources) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stratton v. Missouri Department of Corrections & Human Resources, 897 S.W.2d 1, 4 Am. Disabilities Cas. (BNA) 49, 1995 Mo. App. LEXIS 181 (Mo. Ct. App. 1995).

Opinion

FENNER, Chief Judge.

Bobby Lee Stratton appeals from the order of the trial court granting summary judgment in favor of the Missouri Department of Corrections and Human Resources in a handicap discrimination action.

Stratton is a 40-year-old male who is missing four fingers on his right hand. He was previously employed by the Department of Corrections as a corrections officer at the Jefferson City Correctional Center from August 1986 until he resigned in February 1988. In September 1988, Stratton re-applied for a corrections officer position with the Department as a new employee. He was given a test and ranked on a register of individuals eligible for employment.1

As part of the centralized hiring process, applicants are interviewed and given a medical examination and a physical endurance test. Applicants who do not pass the medical screening are not permitted to engage in the physical endurance testing. Between the [3]*3time of Stratton’s initial hiring in 1986 and his subsequent application in 1988, the Department increased the standard performance level expected of corrections officers. Specifically, the Department refined its medical testing for pre-employment screening, adopted a full and adequate use of limbs policy and increased the physical fitness requirements. The pre-employment medical screening allowed the examining physician to conduct a general health evaluation and determine which applicants had conditions that would prevent them from being able to adequately perform the duties of a corrections officer.

The Department hired Dr. Kenneth Schaf-ermeyer to conduct the pre-employment screening of applicants and apply the free and adequate use of limbs policy. As implemented by Dr. Schafermeyer, the free and adequate use of limbs policy allowed individuals missing one finger to be eligible for employment. Individuals missing two or three fingers may or may not have been eligible for employment depending on other factors, i.e., how well the other fingers functioned. Individuals missing four fingers on any one hand, however, were ineligible for corrections officer positions.

On September 15, 1988, Dr. Schafermeyer conducted an examination of Stratton to determine whether he was physically fit for the appointment as a Corrections Officer I. After conducting the examination, Dr. Schafer-meyer determined that Stratton could not perform the role of a corrections officer and was therefore not eligible for hire as a Corrections Officer I. In his deposition testimony, Dr. Schafermeyer indicated that he had determined that Stratton would be unable to perform some of the required defensive tactics, ie., the reverse wrist, because he was missing four fingers on his right hand. Dr. Schafermeyer also noted that Stratton needed treatment for high blood pressure and that he was overweight. (He is 5 feet 7 inches tall and weighed 295 pounds). Strat-ton did not pass the medical screening and was not permitted to engage in the physical endurance testing.

Applicants who are selected for corrections officer positions are sent to the Department’s Central Training Academy for training on the various skills that are required of corrections officers. These skills include first aid techniques, use of firearms, custody and transportation, and defensive tactics. The applicants are tested on their ability to successfully perform these skills. Applicants who are unable to meet performance standards are subject to dismissal and are ineligible to be corrections officers. In December 1993, Stratton took the defensive tactics test as part of a videotaped deposition but was unable to successfully perform most of the defensive tactics required by the Department. He has not requested any accommodation for his physical condition and denies that any accommodation is necessary.

On November 14, 1988, Stratton filed a complaint with the Missouri Commission on Human Rights alleging employment discrimination based on a “handicap” of four missing fingers. In March 1990, the Commission issued its finding that probable cause existed to support Stratton’s claim. Stratton subsequently filed a petition with the Circuit Court of Cole County alleging that the Department had engaged in unlawful and discriminatory employment practice in violation of section 213.055, RSMo 1986,2 by refusing to hire him solely on the basis that he was missing four fingers on his right hand. Both parties submitted motions for summary judgment. The circuit court granted the Department’s motion for summary judgment and denied Stratton’s motion. Stratton appeals.

Stratton presents three points on appeal, the first of which is dispositive. In that point, Stratton contends that the trial court erred in granting the Department’s motion for summary judgment because there is a genuine issue of material fact as to whether he was capable of performing the essential duties of a Corrections Officer I.

[4]*4“Summary judgment is appropriate where ‘the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.’ ” Daffron v. McDonnell Douglas Corp., 874 S.W.2d 482, 483 (Mo.App.1994). In considering an appeal from a summary judgment, this court’s review is essentially de novo. ITT Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371, 376 (Mo. banc 1993). The record is reviewed in the light most favorable to the party against whom the judgment was entered. Id. The “[fjacts set forth by affidavit or otherwise in support of a party’s motion are taken as true unless contradicted by the non-moving party’s response to the summary judgment motion.” Id.

A movant’s right to summary judgment differs significantly depending upon whether the movant is a “claimant” or a “defending party.” Id. at 381. When the movant is the “defending party,” it is not necessary to controvert each element of the non-movant’s claim in order to establish a right to summary judgment. Id. The movant may establish a right to summary judgment by showing (1) facts that negate any one of the claimant’s elements; (2) that the non-movant has failed to present evidence sufficient to allow the trier of fact to find the existence of any one of the claimant’s elements; or (3) that there is no genuine dispute as to the existence of each of the facts necessary to support a properly-pleaded affirmative defense. Id. Once the movant has established a right to judgment as a matter of law, the non-movant must show that there is a genuine dispute as to a material fact. Id.

In order to establish a prima facie case of discrimination based on a handicap, the plaintiff must show (1) that he is statutorily “handicapped”; (2) that the defendant failed to hire plaintiff; and (3) that plaintiffs handicap was a factor in the decision not to hire him. City of Clayton v. Missouri Comm’n on Human Rights, 821 S.W.2d 521, 527 (Mo.App.1991).

Section 213.010(10), RSMo Supp.1993 defines “handicap” as:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
897 S.W.2d 1, 4 Am. Disabilities Cas. (BNA) 49, 1995 Mo. App. LEXIS 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stratton-v-missouri-department-of-corrections-human-resources-moctapp-1995.