865 F.3d 475
7th Cir.2017Background
- Hirmiz, a Travelodge front‑desk clerk, was videotaped sleeping during a lobby fight and was terminated.
- He alleged electromagnetic hypersensitivity from long‑term exposure at work and sued under the ADA for discrimination, failure to accommodate, and retaliation for an OSHA complaint.
- The district court granted summary judgment for the hotel, finding Hirmiz failed to prove he has a disability under the ADA and failed to show protected activity or causation for retaliation.
- The court noted Hirmiz did not seek an accommodation or file an EEOC charge before his termination.
- OSHA investigated and found the hotel’s electromagnetic levels normal; the hotel offered non‑discriminatory reasons for firing (e.g., sleeping on the job).
- Hirmiz attempted to submit new medical and personnel evidence on appeal; the appellate court declined to consider new evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hirmiz is disabled under the ADA | Hirmiz suffers impairment (electromagnetic hypersensitivity) that limits major life activities | No medical evidence shows an impairment that substantially limits major life activities | Court: Hirmiz failed to prove a disability under 42 U.S.C. §12102(1)–(2) |
| Whether employer failed to accommodate / plaintiff engaged in protected activity | Hirmiz said his condition required accommodation; he complained to OSHA | Hirmiz never requested an accommodation or filed an EEOC charge before termination | Court: No protected activity under ADA (no accommodation request or EEOC charge pre‑termination) |
| Whether termination was retaliation for OSHA complaint | Hirmiz claimed OSHA complaint prompted firing | Hotel: termination was for legitimate, nonretaliatory reasons (sleeping on job); no causal link to OSHA complaint; OSHA found normal voltage | Court: No causal connection shown; retaliation claim fails |
| Whether appellate court may consider new evidence | Hirmiz sought to add medical/disciplinary records and correspondence on appeal | Hotel opposed introduction on appeal | Court: New evidence may not be presented on appeal; declined to consider it |
Key Cases Cited
- Carothers v. County of Cook, 808 F.3d 1140 (7th Cir. 2015) (definition and proof of disability under the ADA)
- Preddie v. Bartholomew Consolidated School Corp., 799 F.3d 806 (7th Cir. 2015) (scope of ADA protection for requests for accommodation and discrimination charges)
- Reid v. Neighborhood Assistance Corp. of America, 749 F.3d 581 (7th Cir. 2014) (causation and legitimate nondiscriminatory reasons in retaliation claims)
- Packer v. Trustees of Indiana University School of Medicine, 800 F.3d 843 (7th Cir. 2015) (new evidence not permissible on appeal)