2020 IL App (1st) 182470
Ill. App. Ct.2021Background
- Fox was wellness department manager for Adams & Associates, supervising licensed medical staff and responsible for students' medical care; job required consistent concentration and memory.
- After an October 2013 auto injury, Fox took workers’ compensation leave, returned on restrictions, and later received written warnings and a corrective action plan for supervisory failures in April–May 2014.
- Fox was diagnosed with temporal lobe epilepsy in November 2014; physicians reported lapses in concentration, memory loss, and that she needed at least three months (‘‘to indefinite’’) off work for treatment.
- In December 2014 Fox requested ADA accommodation in the form of a continuous leave (minimum three months, possibly indefinite); Adams denied the request, citing inability to cover essential supervision and undue hardship, and terminated Fox on January 20, 2015.
- Fox sued under the ADA and the Illinois Human Rights Act (disability discrimination), and for retaliatory discharge and tortious interference; the trial court granted summary judgment for defendants and the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Fox was a "qualified individual" under the ADA / reasonable accommodation (multi‑month/indefinite leave) | Fox: a multi‑month leave (estimated 3 months) was a reasonable accommodation and not per se indefinite | Adams: requested leave was indefinite/minimum multi‑month and would not enable Fox to perform essential functions; undue hardship to cover critical supervisory role | Court: affirmed — Fox was not a qualified individual; multi‑month/indefinite leave was unreasonable and would not permit performance of essential functions |
| Retaliatory discharge based on exercise of workers’ compensation rights | Fox: termination was retaliation for taking workers’ compensation leave; cited comments that management wanted a reason to fire her | Adams: termination was for legitimate, nondiscriminatory reason—medical inability to perform job; intervening events (warnings, corrective plan, later medical diagnosis) break causation | Court: affirmed — Fox failed to show causation or pretext; legitimate medical inability to work provided nonretaliatory basis |
| Tortious interference by corporate officer (Sanchez) | Fox: Sanchez acted maliciously and without justification to cause her termination after Fox complained about Sanchez | Adams: corporate officer acted within corporate authority; any action was investigated and supported by supervisors/HR, not malicious interference | Court: affirmed — no evidence Sanchez acted maliciously or without justification; officer’s actions were in scope and termination followed multiple reviewers |
Key Cases Cited
- US Airways, Inc. v. Barnett, 535 U.S. 391 (2002) (reasonable‑accommodation inquiry: accommodation must enable employee to perform essential functions; employer may show undue hardship)
- Severson v. Heartland Woodcraft, Inc., 872 F.3d 476 (7th Cir. 2017) (medical leave spanning multiple months does not make employee a "qualified individual")
- Byrne v. Avon Products, Inc., 328 F.3d 379 (7th Cir. 2003) (an accommodation must allow the employee to perform essential job functions; brief leave may be reasonable in some cases)
- García‑Ayala v. Lederle Parenterals, Inc., 212 F.3d 638 (1st Cir. 2000) (employer must make individualized assessment; limited, definite short leave can be reasonable)
- Corder v. Lucent Technologies, Inc., 162 F.3d 924 (7th Cir. 1998) (ADA does not require employers to grant indefinite leaves of absence)
- Clark County School Dist. v. Breeden, 532 U.S. 268 (2001) (long gaps between protected activity and adverse action undercut inference of causation)