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Hill v. Kansas City Area Transportation

United States Court of Appeals, Eighth Circuit
Jul 1, 1999
181 F.3d 891 (8th Cir. 1999)

Summary

holding that an employee requesting a second chance after violating a work policy is not analogous to requesting a disability accommodation

Summary of this case from Adams v. Persona, Inc.

Opinion

No. 98-2827

Submitted: February 12, 1999

Filed: July 1, 1999

Appeal from the United States District Court for the Western District of Missouri.

Counsel who presented argument on behalf of the appellant was Phillip L. Morris of Kansas City, Missouri.

Counsel who presented argument on behalf of the appellee was Charles R. Brown of Kansas City, Missouri. Also appearing on the brief was Taylor Fields, J. David Bowers, and David Mitchell all of Kansas City, Missouri.

Before WOLLMAN, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

The Honorable Roger L. Wollman became Chief Judge of the United States Court of Appeals for the Eighth Circuit on April 24, 1999.


The Kansas City Area Transportation Authority ("KCATA"), a local government employer, discharged bus driver Eunice M. Hill for twice falling asleep while assigned to a bus route (but not operating the bus). Hill filed this action, claiming that her on-the-job drowsiness was caused by a combination of medications she was taking to remedy hypertension and to relieve pain caused by job-related injuries, and that KCATA violated the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (the "ADA"), by discharging her instead of reasonably accommodating her disability. Hill also asserted state-law contract claims for breach of KCATA's employee handbook and the governing collective bargaining agreement. The district court granted KCATA summary judgment, concluding that KCATA neither violated the ADA nor breached either its handbook or the collective bargaining agreement. Hill appeals. Having reviewed the grant of summary judgment de novo, and the summary judgment record in the light most favorable to Hill, the non-moving party, we affirm.

The HONORABLE FERNANDO J. GAITAN, JR., United States District Judge for the Western District of Missouri.

Hill was diagnosed with severe hypertension in January 1985 and since then has taken a variety of prescription medications to control her blood pressure. Hill had repeated work attendance problems between 1985 and her discharge in 1995. For example, only a successful arbitration hearing prevented her discharge in 1986 for "excessive and abusive absenteeism," which she blamed, at least in part, on pain medication that made her oversleep. In March 1995, Hill injured her knee when it struck a fare box. She reported this job-related injury and was referred to a physician under KCATA's workers compensation program, who prescribed a pain medication and released Hill to return to work. On May 23, Hill was discovered asleep in her bus prior to the commencement of her route. According to the Supervisor's Special Report of the incident, Hill told the person who awakened her that "she had taken some medicine." Superintendent of Transportation Russell Green subsequently met with Hill and reminded her of the KCATA work rule stating that a second incidence of sleeping on the job results in discharge. Hill did not tell Green that medications had caused her to fall asleep on the job.

On June 27, Hill sprained her wrist while steering a bus. She reported the injury, and a worker's compensation physician prescribed pain medications. On July 19, Hill was again found sleeping in her bus — this time during a layover on her assigned route. She was directed to finish the route, seventeen minutes late. Later that day, she met with Superintendent Green. Hill testified at her deposition that she explained to Green she has a problem when she takes pain medications in combination with her hypertension medications. "I asked them to send me and have me checked out to see what's going on with me, because it's something that's wrong." Instead, KCATA discharged Hill on July 26.

After her discharge, Hill applied for and received Social Security disability benefits, representing herself as unable to perform the essential functions of any job. As the district court recognized, that representation does not support Hill's claim that she is a "qualified individual with a disability" for purposes of the ADA, see 42 U.S.C. § 12111(8), but it does not preclude her from proving that she can perform the essential functions of her job with KCATA with a reasonable accommodation. See Cleveland v. Policy Management Sys. Corp., 119 S.Ct. 1597 (1999).

Hill's ADA claim is that KCATA violated the Act by "not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability." 42 U.S.C. § 12112(b)(5)(A). In evaluating this claim, we must identify Hill's "disability" for ADA purposes, an issue she does not even address on appeal. See 42 U.S.C. § 12102(2) (definition of "disability"). In the district court, Hill argued her hypertension is a disability. But Hill controlled her hypertension for over ten years with medications that permitted her to perform her job as a KCATA bus driver. Her hypertension is not a disability because, "when medicated, [her] high blood pressure does not substantially limit [her] in any major life activity." Murphy v. United Parcel Serv., Inc., No. 97-1992, 1999 WL 407472, at *3 (U.S. Jun. 22, 1999).

Hill further argues that the drowsiness caused by taking hypertension medication in combination with the pain relievers prescribed for her work-related injuries was an ADA disability. Most assuredly, an essential function of a bus driver's job is the ability to stay awake, and Hill presented medical evidence that her medications can in combination cause drowsiness. But we find no evidence in the record that Hill's physical condition compelled her to take a combination of medications that persistently affected her ability in 1995 to stay awake on the job. Therefore, she failed to present sufficient evidence that this alleged physical impairment substantially limited her major life activity of working. See 29 C.F.R. § 1630.2(j)(3).

Even assuming for summary judgment purposes that Hill's condition was an ADA disability, she must also prove that KCATA discriminated against her on account of that disability. She was fired for sleeping on the job, not for her medical condition or her need to take medications. Hill nonetheless argues her discharge was ADA banned discrimination because KCATA failed to honor her request for the reasonable accommodation of a drug screening that would have identified a combination of pain and hypertension medications that would not cause drowsiness. We agree with the district court this is a fatally flawed theory.

In the first place, Hill's request for accommodation was untimely. She never told KCATA supervisors that the medications she was taking in mid-1995 left her uncontrollably drowsy on the job until after she committed the offense of twice sleeping on the job, a work rule violation she knew would mandate her discharge. Moreover, when Hill belatedly asked Superintendent Green for help in reassessing her prescription medications, she offered no assurance that such a drug screening would remedy her job performance difficulties. See Mole v. Buckhorn Rubber Prods., 165 F.3d 1212, 1218 (8th Cir. 1999). Finally, the reasonable accommodation requested was not within her employer's control. See generally 42 U.S.C. § 12111(9) (defining "reasonable accommodation"). KCATA controlled Hill's work conditions, but it was not her doctor or pharmacist. Hill was responsible for her general health. She could have guarded against drug-induced drowsiness by discussing the combination of medications she was taking with her personal physician, who prescribed her hypertension medication, or with the workers compensation program physicians who prescribed her pain medications. Instead, she ignored the problem until her work performance warranted discharge. Like the diabetic police officers in Burroughs v. City of Springfield, 163 F.3d 505 (8th Cir. 1998), and Siefken v. Village of Arlington Heights, 65 F.3d 664 (7th Cir. 1995), Hill did not request a disability accommodation, she asked for a second chance to better control her treatable medical condition. That is not a cause of action under the ADA.

Turning to Hill's state law claims, she alleges that KCATA breached its employee handbook by invoking the wrong work rule, and breached the collective bargaining agreement by not taking timely disciplinary action against her first offense of sleeping on duty. Putting aside the problem that Hill relies upon employee handbook cases that were overruled by Johnson v. McDonnell Douglas Corp., 745 S.W.2d 661 (Mo. banc 1988), after careful review of the summary judgment record we agree with the district court that Hill has no credible evidence that KCATA failed to comply with either the employee handbook or the collective bargaining agreement.

The judgment of the district court is affirmed. Appellant's motion for leave to file a supplemental appendix is granted. Appellee's motion to strike appellant's brief is denied.


Summaries of

Hill v. Kansas City Area Transportation

United States Court of Appeals, Eighth Circuit
Jul 1, 1999
181 F.3d 891 (8th Cir. 1999)

holding that an employee requesting a second chance after violating a work policy is not analogous to requesting a disability accommodation

Summary of this case from Adams v. Persona, Inc.

holding employee failed to make timely accommodation request when she “waited until after she committed the offense of twice sleeping on the job, a work rule violation she knew would mandate her discharge”

Summary of this case from Howard v. Steris Corp.

holding a request for an accommodation by a bus driver, after she fell asleep twice while on the job, was untimely because the request was made after she engaged in terminable misconduct

Summary of this case from Rumsey v. Woodgrain Millwork

finding no evidence in the record that the plaintiffs "physical condition compelled her to take a combination of medications [that caused the side effects]"

Summary of this case from Sulima v. Tobyhanna Army Depot

finding no evidence in the record that the plaintiff's "physical condition compelled her to take a combination of medications [that caused the side effects]"

Summary of this case from Whitmire v. Wal-Mart Stores Inc.

finding this accommodation unreasonable; upholding termination of police officer who was fired after he suffered a severe diabetic reaction that caused him to lose control over his squad car

Summary of this case from DeWitt v. Sw. Bell Tel. Co.

finding a request for accommodation untimely when it was made after the conduct warranting dismissal occurred, even though the conduct resulted from the plaintiff's disability

Summary of this case from Sutherland v. Shinseki

finding summary judgment appropriate for employer in part where plaintiff “never told [her] supervisors that the medications she was taking in mid–1995 left her uncontrollably drowsy on the job until after she committed the offense of twice sleeping on the job, a work rule violation she knew would mandate her discharge”

Summary of this case from Howard v. Steris Corp.

finding summary judgment appropriate for employer in part where plaintiff "never told KCATA supervisors that the medications she was taking in mid-1995 left her uncontrollably drowsy on the job until after she committed the offense of twice sleeping on the job, a work rule violation she knew would mandate her discharge"

Summary of this case from Gesegnet v. J.B. Hunt Transport, Inc.

finding that a plaintiff's hypertension was not an ADA disability because "when medicated [the plaintiff's] high blood pressure does not substantially limit [her] in any major life activity"

Summary of this case from Shepard v. Green

affirming against plaintiff on her ADA claim "because she did not disclose her need for accommodation until after she had committed workplace offenses that she knew mandated her discharge."

Summary of this case from Gonzalez v. Faithful+Gould, Inc.

affirming dismissal of plaintiff's claim because there was no evidence of a physical condition that compelled the plaintiff to take a combination of medications that affected her ability to stay awake on the job

Summary of this case from Weigert v. Georgetown University

affirming summary judgment against employee who alleged employer did not reasonably accommodate her disability-related drowsiness when she did not raise issue until after she was caught sleeping on job, an infraction she knew would lead to her discharge

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explaining that employee who made after-the-fact request was not seeking accommodation but, rather, seeking "a second chance to better control her treatable medical condition"

Summary of this case from Trahan v. Wayfair Me., LLC

noting that a request for accommodation that occurred after a work violation was untimely

Summary of this case from Tyner v. Qwest Corp.

In Hill v. Kansas City Area Transportation Authority, 181 F.3d 891, 892-93 (8th Cir. 1999), the plaintiff was discharged as a bus driver for twice falling asleep while assigned to a bus route.

Summary of this case from Halsey v. JP Morgan Chase Bank
Case details for

Hill v. Kansas City Area Transportation

Case Details

Full title:Eunice M. Hill, Plaintiff-Appellant, v. Kansas City Area Transportation…

Court:United States Court of Appeals, Eighth Circuit

Date published: Jul 1, 1999

Citations

181 F.3d 891 (8th Cir. 1999)

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