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Though employee’s condition was temporary, indefinite leave was not reasonable accommodation

October 31st, 2017

By Kathleen Kapusta, J.D.
Even though an employee’s condition was temporary rather than chronic, and thus was likely to be fully corrected at some point in the future, he did not request, at the end of his six-month leave, a specific period of time in which to recover from his surgery following a work-related shoulder injury. [Read more...]

Pregnancy leave, breastfeeding accommodation claims of Chicago paramedic survive dismissal

October 31st, 2017

By Cynthia L. Hackerott, J.D.
Because she alleged enough facts to suggest a continuing violation, a Chicago paramedic could pursue Title VII and Illinois Human Rights Act (IHRA) claims related to a decision to place her on leave, ruled a federal district court in Illinois. However, because she did not allege any injury from the classification [Read more...]

Comments linking ‘demotion’ to employee’s health support ADA disparate treatment claim

October 31st, 2017

By Kathleen Kapusta, J.D.
Although an employee could not show that her change from hourly to salaried was an adverse action for purposes of her ADA disparate treatment claim, her alleged demotion during a department restructuring qualified. And despite evidence that shortly after the restructuring she spent at least 80 percent of her day in bed, [Read more...]

Too little too late for limo company owners to avoid default judgment in FLSA suit

October 27th, 2017

By Lorene D. Park, J.D.
Affirming the denial of motions to vacate default judgments against a limo service company and its two owners, the Seventh Circuit in this consolidated appeal found that the district court judges reasonably rejected the owners’ excuses—a move out of state, poor health, and a presumption that all was being handled by [Read more...]

Sex-plus claim based on ‘single mother’ comments fails but retaliation claim advances

October 26th, 2017

By Kathleen Kapusta, J.D.
Granting summary judgment against an employee’s state-law sex-plus discrimination claim, a federal district court in Michigan found her supervisor’s comments about the employee’s status as a single mother were not direct evidence of discrimination. Nor was she any more successful under the circumstantial evidence approach. After first concluding that a proper comparator [Read more...]