Filed February 21, 2017
Instead, the plaintiff, in addition to showing that he is a qualified individual with a disability, must show that the employer was aware of his disability and still failed to reasonably accommodate it. See Foster v. Arthur Andersen, LLP, 168 F.3d 1029, 1032 (7th Cir. 1999). In this case, ERCO failed to provide Milkey a reasonable accommodation in the form of a medical leave of absence.
Filed January 20, 2017
Additionally, Milkey would need to prove his disability caused his termination. Foster v. Arthur Anderson, LLP, 168 F.3d 1029, 1032 (7th Cir. 1999). Moreover, even if ERCO did not reasonably accommodate Milkey’s alleged disability, Milkey would still be foreclosed from raising a failure to accommodate claim because he was responsible for a breakdown of the interactive process.
Filed August 8, 2016
B. Stoughton Did Not Terminate Sharp Because of His Alleged Disability A plaintiff cannot establish a prima facie case of disability discrimination without establishing that his disability caused him to suffer an adverse employment action. See Foster v. Arthur Andersen, LLP, 168 F.3d 1029, 1032-33 (7th Cir. 1999). The plaintiff must show that the disability was a "but for" cause of his termination.
Filed July 21, 2016
To establish a prima facie case of disability discrimination for failure to accommodate, Plaintiff must show that (1) he is disabled as defined under the Rehabilitation Act/ADA;4 (2) the defendant was aware of the disability; (3) that he is otherwise qualified for the position with or without a reasonable accommodation, and; (4) that an adverse action was taken against him because of his disability. Foster v. Arthur Andersen, LLP, 168 F.3d 1029, 1032 (7th Cir. 1999). Being able to work is required to establish this claim: “[i]nability to work for a multi-month period removes a person from the class protected by the ADA.”