Federal judge dismisses ADA lawsuit against Wyoming Youth Crisis Center

From The Star-Tribune in Casper, Wyoming.:

A federal judge has dismissed a woman's Americans with Disabilities Act lawsuit against the Youth Crisis Center because an attack by a juvenile only temporarily disabled her and the center never considered her disabled, according to court records.

"The Court concludes that [Jessica] Rodgers was not regarded by YCC as being disabled," U.S. District Judge Alan Johnson wrote Nov. 5.

The Youth Crisis Center is pleased with the result and wants the community to know it is a responsible employer, its attorney Tim Stubson said Tuesday.

"They're concerned, they're acting with integrity with their employees," Stubson said.

Rodgers' attorney Roger Shumate said she is considering whether to file an appeal.

In January, she sued the nonprofit center, which provides emergency and foster care for troubled youth, after it refused to reinstate her after an assault in July 2005 by a resident, according to the complaint filed by Shumate.

After surgery, she returned to work for four hours a day in September 2006, which was acceptable to the center and met the requirements of the Americans with Disabilities Act and the Wyoming Fair Employment Practices Act.

But the next month, YCC Director Dick Dresang wrote Rodgers and told her the center could no longer accommodate her without stating the reason why, according to the complaint.

She could return to work without restrictions when a physician gave her a full release, Dresang wrote.

Rodgers received that release on April 2, 2007, but learned later that month the position was no longer available, which was an illegal termination under the Americans with Disabilities Act, according to the complaint.

However, the YCC denied it told Rodgers the position was no longer available, denied that her employment was terminated in violation of the ADA, denied that the center did not find a way to accommodate her, and denied that she had suffered economic and noneconomic damages.

She also had signed papers agreeing she was an "at-will employee," which means an employer can terminate an employee for any reason or no reason at any time, according to the YCC.

Last month, YCC attorney Stubson filed a motion to dismiss the case.

Johnson agreed with the YCC, writing a person suing under the ADA must be able to show she is a "qualified individual with a disability," and that "disability" does not include temporary medical conditions including recovery from surgery.

A person suing also must be able to prove the employer regards an employee as disabled, and Johnson wrote Rodgers provided no evidence it regarded her as having a permanent or longterm impairment. In fact, Rodgers and her physician repeatedly told the YCC that her condition was temporary, he wrote.

Under the ADA, a disabled person must be able to do a job in spite of a handicap, Johnson wrote.

"Where the undisputed facts show that an employee's physician has certified that the individual is not capable of performing the job, then summary judgment is appropriate," he wrote.