7th Circuit Affirms Dismissal of ADA Case
By: Storrs Downey, Capital Member
Last month, the 7th Circuit affirmed the US. District Court’s decision, which granted our Motion for Summary Judgment and resulted in the dismissal of the entirety of an ADA suit against our client, a Chicago hotel.
Plaintiff was terminated after being caught on video sleeping in the hotel lobby while a fight broke out among hotel guests. Nevertheless, Plaintiff sued under the Americans with Disabilities Act, claiming the hotel failed to accommodate and discriminated against him based on his alleged disability. He also alleged a retaliatory discharge claim, arguing that he was terminated in retaliation for filing an OSHA complaint.
After fact discovery closed, we filed a Motion for Summary Judgment, arguing that Plaintiff failed to establish that he was discriminated against on the basis of an ADA “disability,” that he was retaliated against for engaging in ADA “protective activity” or that there was a causal connection between his OSHA complaint and his discharge. The U.S. District Court for the Northern District of Illinois agreed, granting our motion and dismissing the case. Judge Posner, writing for the 7th Circuit, agreed affirming the District Court’s decision.
Plaintiff has until August 1, 2017, to file a Petition for Certiorari with the U.S. Supreme Court.
If you have any questions about this case, would like us to expand on it for your organization, or have any other issues pertaining to employment law, please contact us.
- by Chris Hoffmann
- posted at 11:46 AM