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MacLean v. State8/2/1999
She undoubtedly has had this condition prior to consulting with me in December 1995, and she still has this condition."
Bowman testified in his deposition that he originally had suspected a connection between MacLean obtaining permanent status at the Department in May 1995, and thereafter complaining to him about the building's air quality. He and Jackson also were concerned that MacLean was setting the Department up for a disability claim. During MacLean's employment, Bowman did not believe anything was wrong with her. According to Bowman, Jackson had characterized MacLean as "a whiner, a slacker and a malcontent" after she complained about her health problems.
In September 1996, nine months after MacLean had left the Department, Bowman was surprised to learn through administration that a large number of employees apparently had complained about the building's air quality. Before that time, Bowman had believed that only MacLean and Della Hoffa had made such complaints. A couple of days after obtaining that new information, Bowman sent a memorandum to Jackson, stating in part:
". . . [The new information about air quality complaints] raised the possibility that Diane MacLean may have received unfair treatment during her employment with the ADE. It raised the possibility that my attitude toward her was clouded by inaccurate air quality information and your own negative comments toward her."
". . . [The new information] leads me to fear that in my dealings with Diane MacLean, I may have allowed your concerns and your interpretations of air quality to overly influence my perceptions of Diane. Clearly, my view of Diane changed from her being a very productive and contributing staff member to one better described as a "whiner", "slacker", "malcontent" and other generally negative perceptions. Can there be any doubt that such a supervisory perception wouldn't have a chilling effect on employee-employer relations and communication? I now believe that there is a good chance that her resignation might have been a direct result of this chilling effect. If so, we are parties to the perpetration of a terrible inJustice upon Diane MacLean. My personal assets and liability are shielded by the doctrine of governmental immunity since my involvement was in the "line of duty" and did not contain a hint of "malicious intent." However, if the result manifests itself as an inJustice to Diane, it should be corrected by ADE in a timely manner and I'll work toward that end. . . ."
Bowman subsequently submitted a revised evaluation, with an increased performance rating, to replace the one he had prepared for MacLean in November 1995. Through that action Bowman was "trying to correct an inJustice that had been done." Bowman testified in his deposition that MacLean may have received unfair treatment in two respects: she should have been moved into an alternative office much earlier, and his rapport with MacLean was unfairly affected by the apparently inaccurate information he had had concerning the Education building's air quality. Bowman also testified that, in his view, the "chilling effect" toward MacLean contributed to her leaving the Department.
Bowman was not aware of any reason why MacLean could not have been relocated to the other building sooner. In addition, he acknowledged in his deposition that employee telecommuting was permissible so long as the work got done. Bowman also acknowledged that if in fact MacLean and Hoffa were not the only ones who had complained about the building's air quality, "not providing an accommodation in a forthright manner would probably be constituting an unfair treatment."
DISCUSSION
MacL
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