Gogos v. AMS Mechanical System, Inc., 678 F. App'x 411

Gogos, a pipefitter with diagnosed hypertension and intermittent vision loss, worked for AMS at a BP refinery and speaks limited English.
AMS policy required employees to notify forepersons and to provide a doctor’s note for medical absences taken on company time.
Gogos left early several times for doctor visits; forepersons informed AMS foreman Don Henson, who requested a doctor’s note after repeated absences.
On an occasion when Gogos reported high blood pressure and vision problems, a heated exchange with Henson ensued; Henson asked for a doctor’s note, Gogos refused, became profane, and allegedly grabbed Henson’s shoulder.
Henson fired Gogos immediately for insubordination/excessive absenteeism; discharge paperwork later varied (termination vs. layoff) after Gogos sought a change for unemployment purposes.
Gogos sued under the ADA alleging termination because of his disability; the district court granted summary judgment for AMS, and the Seventh Circuit affirmed on the ground that the undisputed record showed a nondiscriminatory reason (insubordination).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether supervisor knew of disability	Gogos said he told Henson he had high BP and vision loss; prior doctor visits were reported to Henson	Henson lacked knowledge of a disability	Jury could find Henson knew, so knowledge disputed
Whether termination was because of disability	Fired for asking to leave for treatment	Fired for refusing to provide a doctor’s note, profanity, and grabbing supervisor	Even if Henson knew of disability, termination was for insubordination (defendant’s reason upheld)
Legality of requesting a doctor’s note	Request hindered urgent care and accommodation process	Request was lawful and facilitated ADA interactive process	Request lawful; refusal interrupted accommodation process
Appropriateness of summary judgment	Needed to show discriminatory motive	Uncontradicted evidence established nondiscriminatory reason entitling AMS to judgment	Summary judgment for AMS affirmed (no reasonable jury could find discrimination)

Gogos v. AMS Mech. Sys., Inc., 737 F.3d 1170 (7th Cir. 2013) (prior ruling that Gogos’s conditions qualify as disabilities)
Hooper v. Proctor Health Care Inc., 804 F.3d 846 (7th Cir. 2015) (elements for ADA discriminatory discharge)
Hedberg v. Ind. Bell Tel. Co., Inc., 47 F.3d 928 (7th Cir. 1995) (knowledge and causation in ADA claims)
Delaval v. PTech Drilling Tubulars, L.L.C., 824 F.3d 476 (5th Cir. 2016) (employer may require medical evidence of disability)
E.E.O.C. v. Prevo’s Family Mkt., Inc., 135 F.3d 1089 (6th Cir. 1998) (same)
Everroad v. Scott Truck Sys., Inc., 604 F.3d 471 (7th Cir. 2010) (insubordination can justify firing)
Williams v. Airborne Exp., Inc., 521 F.3d 765 (7th Cir. 2008) (permissible discharge for rule violations/insubordination)
Culver v. Gorman & Co., 416 F.3d 540 (7th Cir. 2005) (discipline for physical contact with supervisor justified)
Ryan v. Capital Contractors, Inc., 679 F.3d 772 (8th Cir. 2012) (similar)
Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (2000) (employer entitled to judgment if record conclusively shows nondiscriminatory reason)
Beck v. Univ. of Wis. Bd. of Regents, 75 F.3d 1130 (7th Cir. 1996) (employer’s duty to engage in ADA interactive process)