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Laudert v. Richland County Sheriff's Department8/11/2000
APPEAL FROM: District Court of the First Judicial District, In and for the County of Lewis and Clark, The Honorable Dorothy McCarter, Judge presiding.
Submitted on Briefs: October 21, 1999
1 Michael Laudert appeals from the Decision and Order of the First Judicial District Court, Lewis and Clark County, affirming the decision of the Montana Human Rights Commission and denying Laudert's request for attorney fees. We affirm in part, reverse in part, and remand for proceedings consistent with this opinion.
2 This appeal raises the following issues:
3 . Whether the District Court erred in applying the McDonnell Douglas test?
4 . Whether the District Court erred in affirming the hearing examiner's denial of Laudert's request for compensatory damages?
5 . Whether the District Court erred in denying Laudert's claim for attorney fees?
BACKGROUND
6 Richland County Sheriff's Department ("RCSD") hired Laudert on September 1, 1985. In 1986 Laudert began experiencing gastric bleeds caused by liver dysfunction. This bleeding continued for the duration of his employment. In approximately August 1990 Laudert experienced a massive bleed which required him to be evacuated to a hospital in Billings. By September 1990 he had used up all of his accumulated leave and was forced to resign. In November 1990 doctors at the University of Minnesota recommended that he undergo a transplant operation. Laudert underwent a successful liver transplant in September 1991.
7 In 1992 Laudert discovered that the person hired by RCSD to replace him would be quitting. Laudert spoke with Sheriff Don Tiffany about returning to work at RCSD and was informed by Sheriff Tiffany that he would have to apply for the position with the other job applicants. Laudert interviewed for the position in February 1992. RCSD interviewed seven other applicants.
8 Prior to Laudert's interview, Deputy Russell Glaeske approached Laudert in a supermarket and questioned him regarding his transplant. Glaeske expressed concern about Laudert's physical ability to handle the job and indicated that he did not believe that Laudert could withstand a blow to the stomach. Glaeske made these comments despite the fact that Laudert had provided RCSD with a full medical release from his physician affirming that he could return to work without restriction. Deputy Glaeske was a member of the four-person panel that interviewed the job applicants. During his interview, Laudert initiated a discussion regarding Glaeske's concerns about his liver transplant. Laudert testified that Glaeske maintained his belief that Laudert could not handle the job because of his transplant.
9 The four panelists independently rated the applicants. Of the eight applicants, Laudert received the lowest interview rating, while J. C. Rankin received the highest rating. RCSD hired Rankin for the position.
10 Laudert filed a Charge of Discrimination with the Montana Human Rights Commission on August 12, 1992, alleging that the RCSD had unlawfully discriminated against him in an employment decision on the basis of his age and disability. On July 15, 1994, the Commission certified Laudert's complaint for a contested case hearing. A contested case hearing was held on July 24-26 and August 19, 1996.
11 Hearing Examiner Terry Spear issued a decision on March 3, 1997. The hearing examiner found that RCSD had considered Laudert's disability by questioning him about his liver disease and transplant during his interview. Accordingly, the examiner ordered RCSD to submit a written policy regarding hiring procedures which included specific guidelines re
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