Raymond Severson v. Heartland Woodcraft, Incorpora
872 F.3d 476
| 7th Cir. | 2017Background
- Raymond Severson, employed by Heartland Woodcraft from 2006–2013, suffered chronic back problems and took 12 weeks of FMLA leave beginning June 5, 2013, culminating in back surgery on August 27, 2013.
- By the time of surgery Severson had exhausted his FMLA entitlement; Heartland informed him on August 26 that his employment would end when FMLA expired but invited him to reapply when medically cleared.
- Severson’s surgeon expected a multi-week recovery; after surgery Severson received partial clearance on October 17 (20-lb lifting restriction) and full clearance on December 5, but he did not reapply and instead sued.
- Severson alleged Heartland violated the ADA by failing to provide three accommodations: (1) a two- to three-month medical leave after FMLA expired; (2) reassignment to a vacant position; and (3) a temporary light-duty position without heavy lifting.
- The district court granted summary judgment for Heartland; Severson appealed. The EEOC filed an amicus brief urging reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a multimonth leave after FMLA exhaustion is a "reasonable accommodation" under the ADA | Severson: a definite, time-limited extended leave likely to restore ability to perform essential functions is a reasonable accommodation | Heartland: long-term leave does not enable performance of essential job functions and is not required by the ADA; FMLA governs medical leave | Held: No. Multimonth leave is not a reasonable accommodation; ADA protects those who can perform essential functions with accommodations, not those excused from working (affirmed Byrne) |
| Whether reassignment to a vacant position was required | Severson: employer could have reassigned him to an available vacant job | Heartland: reassignment available only if vacant position existed at termination | Held: Plaintiff bore burden to show vacancy at time of termination; he failed to do so, so reassignment claim fails |
| Whether employer had to create or provide a temporary light-duty position | Severson: Heartland could have provided temporary light duty without heavy lifting | Heartland: not required to create new jobs or strip duties; its light-duty assignments were discretionary and rare for occupational injuries | Held: Employer not required to create a job or routinely provide ad hoc light duty absent a policy; no evidence Heartland had such a policy |
| Whether failure to engage in interactive process or undue hardship independently establishes liability | Severson: company failed to engage in interactive process and accommodations would not impose undue hardship | Heartland: interactive-process failure alone is not independent liability; undue-hardship analysis applies only if a reasonable accommodation exists | Held: Failure to engage is not an independent basis for ADA liability; undue hardship irrelevant because no reasonable accommodation was available |
Key Cases Cited
- Byrne v. Avon Prods., Inc., 328 F.3d 379 (7th Cir. 2003) (multimonth leave is beyond scope of reasonable accommodation)
- Waggoner v. Olin Corp., 169 F.3d 481 (7th Cir. 1999) (if one cannot be at work, one is not a qualified individual under the ADA)
- Haschmann v. Time Warner Entm’t Co., 151 F.3d 591 (7th Cir. 1998) (short intermittent leave may be analogous to part-time or modified schedule)
- U.S. Airways, Inc. v. Barnett, 535 U.S. 391 (U.S. 2002) (reasonable does not mean merely effective; effectiveness alone does not make an accommodation reasonable)
- Kotwica v. Rose Packing Co., 637 F.3d 744 (7th Cir. 2011) (plaintiff must show vacant position existed at the relevant time for reassignment claim)
- Gratzl v. Office of Chief Judges of 12th, 18th, 19th & 22nd Judicial Circuits, 601 F.3d 674 (7th Cir. 2010) (employer need not create a new job or strip essential duties to accommodate)
- Vande Zande v. State of Wis. Dep’t of Admin., 44 F.3d 538 (7th Cir. 1995) (employer should not be penalized for discretionary, lenient accommodations it voluntarily provides)