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Bazert v. State9/22/2000
Wilbert Bazert was employed by the Department of Corrections at Louisiana State Penitentiary on August 6, 1979, and he remained employed for approximately sixteen years with excellent ratings until May of 1995, when he was forced by his employer to take sick leave from his job as a security officer as a result of his asthma condition which forms the basis of this complaint. Bazert was first diagnosed with asthma and allergies in 1982; he was placed on appropriate medications and did not experience complications, nor did his condition interfere with the performance of his duties at Angola. However, in March, 1995, Bazert was reassigned from working at the towers, the visitor's shed and the entry building at Camp D to the Falcon 1 dormitory. His asthma immediately worsened due to the increased exposure to cigarette smoke, after-shave lotions and cologne and cleaning chemicals in the more congested and confined area of the dormitory. Bazert made several complaints to his supervisors regarding the negative effect his transfer was having on his asthma condition. He also asked to be reassigned back to his former stations, or any other drops throughout the prison where the irritants were not as prevalent. Despite his complaints and requests, Bazert remained on his Falcon 1 dormitory assignment. The increased exposure to irritants, coupled with Bazert's inability to leave the dormitory to get occasional fresh air, aggravated Bazert's asthmatic condition to such severity that he was medically advised not to work in those conditions.
On May 5, 1995, Bazert's treating physician, Dr. Albert E. Hensel, Jr., with the Allergy and Asthma Clinic of Alexandria, wrote a letter on behalf of Bazert advising that it is "impossible" for Bazert to work where he is subjected to exposure to the irritants which aggravate his asthma, warning that exposure "may very well lead to permanent disability." On May 15, 1995, Bazert submitted a "request for accommodation" form specifically requesting his former assignment at the visitor's shed or the tower. On May 18, 1995, Lee Jennings, the deputy undersecretary and ADA coordinator for the department, internally responded, "I do not believe we can accommodate this man." However, Bazert's request for accommodation was forwarded for review by an ADA Committee on May 24, 1995. The review committee determined that no accommodations could be made, given the department's policy that all corrections sergeants be able to perform all essential job functions at all posts throughout the prison. Counsel for Bazert made formal demand on the department, by way of letter dated June 14, 1995, to reinstate Bazert to his former position, alleging the department's actions in forcing Bazert into sick leave and refusing to make reasonable accommodations for him to return to work in areas of reduced exposure were in violation of the ADA. Counsel for Bazert suggested reassigning Bazert back to the tower and visitor's shed where he previously worked and experienced no aggravation to his asthma.
By letter dated June 20, 1995, the department again refused to accommodate Bazert, stating that such accommodations were unavailable: the areas, where Bazert worked formerly were not "smoke-free/fragrance- free" areas and the same cleaning chemicals used in the dormitory were also used in the towers by the tower officers. Further, the department opined that Bazert's condition was not covered by the ADA as it was not a "permanent disability." The department instructed Bazert to either return to work without accommodation or resign.
On August 7, 1995, another letter, this one written by Dr. L. Ben Gaudin, II, Bazert's treating physician following the retirement of Dr. Hensel, again advised the departme
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