Michael Stern v. St. Anthony's Health Center
788 F.3d 276
7th Cir.2015Background
- Dr. Stern, SAHC’s Chief Psychologist, was fired after a neutral evaluator found short-term memory deficits affecting fitness for duty.
- SAHC sought a fitness-for-duty evaluation at SAHC’s expense; Stern preferred a different evaluator and SAHC funded it.
- Final neuropsychological report indicated memory impairments with limited impact on some functions but not a clear fit for duty in the current role.
- SAHC discussed accommodations but treated supervisory and administrative duties as essential; proposed accommodations were untested and speculative.
- SAHC did not engage Stern in the interactive process prior to termination, despite Stern’s request for accommodations.
- Court held Stern failed to present a fact issue showing he could perform essential functions with or without accommodations; affirmed summary judgment for SAHC.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Stern was a “qualified individual” with/without accommodation | Stern could perform essential functions with accommodations | Stern could not perform essential functions even with accommodations | No genuine issue; Stern not qualified |
| Are supervisory/administrative duties essential functions | Reassignment or restructuring could accommodate | These functions are essential and cannot be reassigned | Yes, essential; not reasonably accommodated |
| Did SAHC engage in the interactive process | SAHC failed to engage Stern in interactive process | SAHC discussed accommodations internally but did not engage Stern | Interative process not engaged; but record insufficient to show qualification |
| Could reasonable accommodations include department restructuring or reassignment | Reassign to vacant position or restructure | No vacant position; restructuring not guaranteed | Not required to reassign absent vacancy; record insufficient to show feasible accommodation |
Key Cases Cited
- Spurling v. C & M Fine Pack, Inc., 739 F.3d 1055 (7th Cir. 2014) (affirming summary judgment where accommodation not shown by evidence)
- Basden v. Professional Transp., Inc., 714 F.3d 1034 (7th Cir. 2013) (interactive process not material absent evidence of qualification)
- Majors v. Gen. Elec. Co., 714 F.3d 527 (7th Cir. 2013) (accommodation cannot require creating a new job)
- Gratzl v. Office of the Chief Judges, 601 F.3d 674 (7th Cir. 2010) (identifying essential functions factors)
- Weigel v. Target Stores, 122 F.3d 461 (7th Cir. 1997) (conclusory medical opinions insufficient for accommodation)