 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Peden v. City of Detroit6/11/2004
BEFORE THE ENTIRE BENCH
We granted leave to appeal to consider two issues: (1) whether defendant, the city of Detroit, Detroit Police Department, properly characterized the essential functions or duties of a police officer position under the Americans with Disabilities Act (ADA), 42 USC 12101 et seq., and the Michigan Persons with Disabilities Civil Rights Act (PWDCRA), MCL 37.1101 et seq. ; and (2) whether plaintiff, who suffers from a permanent heart condition, has presented prima facie evidence that he is able to perform the essential functions of this position. Regarding the first issue, the circuit court granted summary disposition in favor of defendant and the Court of Appeals subsequently reversed that judgment. Because there is no genuine question of material fact that defendant properly characterized the essential functions of the police officer position, we reverse the Court of Appeals judgment and we reinstate the circuit court's grant of summary disposition in favor of defendant. Likewise, regarding the second issue, the circuit court granted summary disposition in favor of defendant and the Court of Appeals reversed that judgment. Because there is also no genuine question of material fact that plaintiff cannot perform the essential functions of the police officer position, we reverse the Court of Appeals judgment on this issue as well. We reinstate the circuit court's grant of summary disposition in favor of defendant.
I. BACKGROUND
In 1986, plaintiff, Allan Peden, a police officer in Detroit's 13th Precinct, suffered a heart attack while performing clerical tasks consistent with his "A Clerk" position. Plaintiff was diagnosed with heart disease and underwent successful heart surgery. Plaintiff's physician released him to work on indefinite restricted duty. For about ten years, plaintiff continued working on restricted duty status, first remaining in the "A clerk" position and eventually winning a "bidded" position with the police department's Crime Analysis Unit (CAU).
In 1995, the Detroit Police Department compiled a list of "24 Essential Job Functions of a Law Enforcement Officer" (the essential functions list or EFL). This list was based on model standards developed by the Michigan Law Enforcement Officers Training Council, a council created by statute to develop educational, mental, and physical standards for all commissioned law enforcement officers in the state of Michigan. See MCL 28.601 et seq. The department's list includes such tasks as pursuing suspects in foot chases, engaging in vehicle pursuits, effecting forcible arrests, overcoming violent resistance, and qualifying with a firearm.
In 1996, the department placed plaintiff on involuntary, nonduty, disability retirement. The CAU physician, Dr. Hill, signed the application for early retirement on behalf of the department. Dr. Hill reviewed plaintiff's medical records, including records made by plaintiff's physicians and the department's physicians over the course of several years of routine medical examinations, and determined, on the basis of those records, that plaintiff was unable to perform the EFL tasks and was therefore eligible for disability retirement.
Plaintiff filed suit against defendant, alleging that the department violated the ADA and the PWDCRA when it placed him on involuntary disability retirement. Defendant argues that plaintiff cannot perform the essential functions of his former CAU police officer position and, therefore, plaintiff is not entitled to proceed on his ADA and PWDCRA discrimination claim. Plaintiff contends that the EFL tasks are not essential to his former CAU position because that position is essentially clerical in na
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 Michigan Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|