David Feldman v. Olin Corporation
692 F.3d 748
7th Cir.2012Background
- Feldman has fibromyalgia and sleep apnea, with doctors advising straight-day, no overtime work.
- Prior to 2007 Feldman worked a straight-day/low-rotation schedule, with overtime as needed.
- In 2007 Olin realigned its workforce, moving Feldman from straight days to a rotating shift.
- Feldman could not sustain the rotating schedule due to pain and fatigue and produced a medical restriction.
- Olin laid Feldman off after stating no other straight-day positions were available.
- Feldman later bid for and obtained a straight-day position in December 2007 and continued employment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ADA disability, sleep-related impairment | Feldman is disabled by sleep limitations | Olin contends sleep issues do not constitute a disability | Material fact dispute on disability exists |
| Whether Feldman is qualified for positions without overtime | He can perform available straight-time roles with accommodation | Overtime/flex-time are essential functions | Disputed whether overtime is essential; factual dispute remains on qualification |
| Reasonable accommodation failure for available straight-time positions | Olin did not offer available straight-time roles as accommodation | Olin offered no feasible accommodations for Feldman | Genuine dispute on whether necessary accommodations were provided |
| Causation and retaliation evidence | Retaliation by Olin for discrimination charges | No causal link; actions tied to overtime/flex-time policies | Summary judgment on retaliation affirmed (no causation shown) |
| Sanctions appeal and jurisdiction | District court abused sanctions rulings against Feldman’s attorneys | Rule 11 sanctions justified; appeal timely | Partial reversal; sanctions issue remanded for further proceedings |
Key Cases Cited
- Squibb v. Memorial Medical Center, 497 F.3d 775 (7th Cir. 2007) (sleep impairment can be a disability if substantial and long-term)
- Taylor v. Phoenixville School District, 184 F.3d 299 (3d Cir. 1999) (sleep-related limitations can be disabilities under ADA)
- Powers v. USF Holland, Inc., 667 F.3d 815 (7th Cir. 2011) (regarded-as theory requires broad range of jobs)
- Patterson v. Chicago Association for Retarded Citizens, 150 F.3d 719 (7th Cir. 1998) (inability to work long shifts not per se a disability)
- D’Angelo v. ConAgra Foods, Inc., 422 F.3d 1220 (11th Cir. 2005) (consideration of additional factors for essential functions)