THE TUNNEL OF NUMB.

Background

In $1982,$ Deana Lopez, an employee with Hillsboro Glass Company, began experiencing swelling, numbness, tingling, and pain in both hands, wrists, and forearms during her pregnancy. The condition continued for $6$ months after she gave birth. When she returned to work as a Wear Tester, the medical problems were gone and Lopez was able to successfully complete her work. In October, $1983,$ she applied for and got a job as a Lift Truck Driver. Four months later, she began experiencing the same symptoms again. On April $17,1984,$ she was involved in an industrial accident, which caused trauma and burns to her body, however no time was missed from her job.

Two days after the accident Lopez was diagnosed as having carpal tunnel syndrome and corrective surgery was performed. When Deana was released to return to work on December $20,1984,$ the position she had held as Lift Truck Driver had been taken by a more senior employee through the company's bumping procedures. She was able however to bump a less senior employee and regain her prior position as Wear Tester. Between December, $1984$ and February, $1986,$ the company had seven openings for Lift Truck Driver. Because of her seniority$,$ the company offered Lopez each of these positions, but she refused each, and the job was given to a less senior worker. A temporary forklift operator's position became available in February $1986.$ Lopez was not offered this job because management felt she was not physically fit to handle it$.$ She claimed this amounted to discrimination based on a handicap and filed a grievance against the company.

The Company's Position

For several years prior to the incident involving Lopez, the company received no feedback from the insurance carrier in cases of industrial accidents. Due to increasing costs of Worker's Compensation claims, the company requested reports on all accident victims and the insurance carrier began issuing such medical information just shortly before Lopez filed her claim. In April $1985,$ Lopez underwent an examination by a second doctor. He stated that she had indeed suffered a degree of permanent partial disability in both hands and wrist. His estimate was that permanent injuries equaled $30$ percent for the right hand and $35$ percent for the left hand. Moreover, ten percent was attributed to the pregnancy and $30$ percent was directly caused by the operation of the tow motor at work. Thus, Lopez was entitled to a lump sum settlement from Worker's Compensation of $$13,320\mathrm{.}47.$ Conditions for safe operation of a forklift truck are good eyes, good hand control and reflexes. An operator would use the right hand a great deal in managing the controls. The company felt that due to Lopez's documented partial disabilities, she would not be a safe operator for a forklift. By placing her in such a position, she could be endangering herself and her fellow employees.

Lopez's Position

The actions of the company in refusing to place her in the position of Forklift Operator was an act of discrimination.

Lopez claims that the company chose to pass judgment as to her abilities and skills solely on an issue protected by the Rehabilitation Act. Further, Lopez alleges that the company was required in employment matters to act in a reasonable and justifiable manner toward all employees, which it did not in this case. Lopez points to the fact that in her incident the company relied on the Worker's Compensation settlement to deny her the new position. In response to this action Lopez produced $26$ cases where the company had not used such a basis in deciding on the fitness of an employee bidding for a position. Because of this, Lopez felt she had been singled out for discrimination and that this proves that the company acted in a capricious and arbitrary fashion in dealing with her.

THE TUNNEL OF NUMB

$1.$ Should a person be hired into a position even if he$/$she cannot physically handle that position? Explain your opinion.

$2.$ Which should the company have used as ground for a decision$-$Deana's word or the Workers' Compensation report? Why?

$3.$ Who won and why?