02/05/2007

Former custodian suing district

She's alleging violations of disabilities act

By Christine Finger

cfinger@record-eagle.com

TRAVERSE CITY — A former Traverse City Area Public Schools employee filed a federal lawsuit against the district alleging violations of the Americans With Disabilities Act.

Lynn Bryan, 57, sued TCAPS and the district's school board last month in U.S. District Court. She worked as a custodian for TCAPS from May 2001 until May 2005.

The lawsuit contends that after Bryan suffered an anxiety attack at work on March 16, 2005, the district mandated she attend medical and psychological examinations to assess her fitness for duty.

Bryan attended the medical evaluation and was authorized to return to her job. She initially objected to the psychological examination and was disciplined for refusing to participate. Further evaluation by a psychiatrist found Bryan was fit for duty, but she did not attend subsequent counseling sessions scheduled by TCAPS.

The district fired Bryan on May 6, 2005, citing her repeated failure to comply with direction from her supervisors.

Bryan's suit argues that her firing was based on her refusal to undergo employer-mandated exams, and that the district's actions violated the ADA and Bryan's privacy rights. The ADA prohibits employers from compelling workers to undergo medical exams unless they are directly related to the employee's ability to perform their job.

Bradley Glazier, Bryan's attorney, said she wants her job back and to be compensated for lost pay.

"She's not been able to find a job with comparable compensation,” Glazier said.

Christine Davis, TCAPS' executive director of human resources, said the progressive discipline during Bryan's employment followed the district's policies and procedures, as well as Bryan's bargaining agreement.

"We believe we have a strong defense to the claims she has made,” Davis said.

Grand Rapids attorney William Vogelzang Jr. is representing TCAPS in the case.

Bryan also filed a complaint in November 2005 with the federal Equal Employment Opportunity Commission. That agency dismissed charges of age discrimination but found reasonable cause regarding the ADA allegations. The Michigan Department of Civil Rights subsequently dismissed those charges.