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MacLean v. State8/2/1999
my job performance has been excellent, I don't believe "sick building syndrome" causes limitations in my ability to perform my job tasks. It sure would be nice, though, to be able to get my work done in the office."
According to MacLean's affidavit, within a week after submitting her physician's June 22 letter in mid-October, Bowman "began a reign of terror harassing and humiliating ." Bowman's harassment, she stated, continued daily throughout November and December and included his refusing to allow her to telecommute; "chastising for having complained about asthma and the sick building syndrome"; giving her a markedly worse performance evaluation in November compared to one he had prepared on her in May; ordering her into the office on December 5, when she had been sick and confined to home pursuant to doctor's orders, and threatening to fire her; imposing new, unreasonable procedural rules on her; and regularly writing her up for various alleged infractions during December.
On December 5, 1995, MacLean was informed that she would get a temporary cubical space in the court building across the street until the Department's administration decided what to do with her. The next day MacLean submitted another memorandum requesting accommodation. On December 11, MacLean filed a charge of discrimination and harassment against the Department with the United States Equal Employment Opportunity Commission (EEOC), based on her claims of retaliation and violations of the ADA. On December 19, MacLean personally delivered to Bowman an employee grievance, the face of which referred to the charge she had filed with the EEOC.
Although MacLean was relocated to the court building, she was not given any furniture, equipment, or books with which to work. In addition, Bowman constantly called her back to the Education building. MacLean tendered her resignation in late December because she was "losing sleep," her "nerves were shot," and she "could take it no longer."
According to MacLean, her lung/respiratory condition has been diagnosed for over twenty years as asthma and has become progressively worse. She has been off work because of her asthma both before and after her job with the Department. In addition, MacLean's respiratory problems have not been limited to the Education building, but rather she has experienced them on other jobs and in other places, including inside and outside of buildings. During her job at the Department, MacLean could not work at one of her assigned locations, the Charter School, because it aggravated her asthma.
In response to the state's motion for summary judgment, MacLean also presented an affidavit from Bruce H. Shelton, M.D., who had been her doctor since December 1995. In his affidavit, Dr. Shelton stated:
"Diane MacLean has allergic rhinitis and reactive airway disease dating back to 1972 and continuing through the present time. Her condition limits her life activity of breathing or walking, or working, in multiple settings. Diane MacLean has needed workplace accommodations in various jobs.
It is difficult to determine the full extent of Diane's impairment without medication because she takes medication regularly for her asthma.
Diane is strongly environmentally sensitive to both inhalants and multiple chemicals. She has severely debilitating medical problems.
Because of her medical condition, Diane would not be able to engage in any kind of vigorous, or less vigorous sport or athletic endeavor. She probably would suffer an asthmatic attack (extreme shortness of breath) if she were to engage in a sport or athletic endeavor that involved aerobic activity.
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