PacifiCorp, Glenrock woman settle ADA lawsuit

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A Glenrock woman and PacifiCorp have settled a lawsuit filed under the Americans with Disabilities Act in which she claimed her supervisors demanded she stop using medications for chronic pain, according to federal court records.

U.S. District Judge Alan Johnson's order on Monday dismissing the case with prejudice -- meaning the parties cannot bring the matter to court again -- did not discuss the terms of the settlement.

Brenda Mezger's attorney Sharon Rose of Evanston said she could not comment on the case.

PacifiCorp's attorney Stephenson Emery of Casper did not return calls seeking comment.

Mezger had worked for the Dave Johnston Power Plant for about 24 years and had treated chronic neck pain, migraines and occasional anxiety attacks with prescription medications, according to the complaint filed by Rose on April 30.

"Up until January of 2008, her fitness for duty was never questioned and Plaintiff successfully performed her work without any accidents or absences related to her condition or her use of prescription medication," according to the complaint.

In October 2006, Mezger suffered a dizzy spell, took time off work for medical attention, and was diagnosed with multiple sclerosis. The treatments stabilized the disease and in August 2007 she was given a medical release to do clerical work.

She applied for a clerical position with accommodations, but the company ignored the request for accommodations and filled the position with another person.

In November 2007, she received a full release to return to work without restrictions about the same time a position became available for a job she had worked at before.

But the company required Mezger to provide medical records for her multiple sclerosis, began an investigation of her use of all medications, and demanded testing to evaluate her ability to do that job.

The medical examinations showed she was capable of working.

But the company refused to allow Mezger to return to work unless she quit taking these medications even when she was off duty, according to the complaint. "Plaintiff's physician noted that taking Plaintiff off the pain medications and requiring her to work while suffering the pain of her chronic conditions may actually create a greater risk of harm."

She also was singled out for random drug testing, according to the complaint.

In its response, PacifiCorp denied it had discriminated against Mezger or conducted an unlawful employment practices, and said she had missed work because of workplace accidents.

The company denied it sent her home for the specific drug she was taking, denied it refused her to come back to the job unless she quit taking that medication, denied she was disabled as defined by the ADA, and denied it discriminated against her for the medications she was taking, according to its response.

In fact, Mezger was not liable to make a claim under the ADA, and the company acted property to insist on the medical examinations, according to PacifiCorp's response. "Plaintiff posed a direct threat to her own health or safety or to the health or safety of others in the workplace."

The attorneys were able to reach an agreement, and they requested the case be dismissed.

Reach Tom Morton at (307) 266-0592, or at tom.morton@trib.com.

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