 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Erwin v. Roundup Corp.2/14/2002
Joyce Erwin brought suit against Fred Meyer for disability discrimination after it terminated her. The jury returned a verdict for Fred Meyer. Claiming the court failed to properly instruct the jury on reasonable accommodation and undue hardship, Ms. Erwin appeals. We reverse and remand for new trial.
In 1989, Joyce Erwin began working for Fred Meyer in Portland. She was promoted to Nutrition Center Manager in 1992. Her duties included scheduling, ordering, stocking shelves, and performing paperwork and customer service. The job description specifically stated that the Nutrition Center Manager occasionally had to be able to lift and carry up to 50 pounds. Although this was a specific requirement of the job, Ms. Erwin stated that only two items in her area weighed 50 pounds. She rarely lifted any item weighing more than 30 pounds and instead delegated the heavy lifting to other employees.
In 1993, Ms. Erwin was transferred to Spokane's Sullivan Square Fred Meyer. On October 2, 1995, she slipped and fell in the store. She injured her back, hip, and shoulders. Ms. Erwin suffered a permanent partial impairment because of her injuries.
On October 3, 1995, Ms. Erwin was allowed to return to work by her doctor with several restrictions. She was only permitted to work four hours a day and was restricted to lifting no more than five to ten pounds. She was also prohibited from repetitive pushing, bending, or pulling. Fred Meyer accommodated her restrictions, placing her on light duty for 90 days. She retained her title as Nutrition Center Manager during this time.
By the end of December 1995, Ms. Erwin's doctor ordered a leave of absence because her condition was not improving. On April 12, 1996, the doctor again released her to return to work with these restrictions: (1) she could only work four hours a day and (2) she could only lift up to ten pounds. When the doctor informed Ms. Erwin's supervisor of these restrictions, the supervisor indicated that Fred Meyer would accommodate her.
Ms. Erwin returned to the store, but was unable to check in for work. After waiting around, she was told to go home until the store could check with the corporate office to find out what the problem was. She was subsequently informed that she had used up her 90 days of light duty and could not return to work until she could meet the full physical requirements of her job as Nutrition Center Manager.
In July 1996, Fred Meyer hired a vocational rehabilitation counselor to work with Ms. Erwin to determine if she could return to the workforce or if she needed retraining. Fred Meyer told the counselor that no modifications could be made to the Nutrition Center Management position.
During this time, Ms. Erwin's condition improved. By September 1996, she was deemed able to work full time and lift up to a maximum of 35 pounds. She could lift 30 pounds occasionally and up to 20 pounds frequently. Unfortunately, the counselor was unable to find any employment opportunities for Ms. Erwin at Fred Meyer.
Ms. Erwin then approached Fred Meyer about the possibility of being transferred to a different position at the Coeur d'Alene store that would be opening in April 1997. She was told she could not transfer internally and would have to fill out an application, which needed to be turned in at the job service center. She took her application to the center, but did not turn it in because the line of people already there was too long.
It became clear that Fred Meyer would not allow Ms. Erwin to return as the Nutrition Center Manager. Fred Meyer asked the vocational counselor to perform a job analysis of an apparel cashier position that
Page 1 2 3 4 Washington Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|