Rodrigo v. Carle Foundation Hospital
879 F.3d 236
7th Cir.2018Background
- Rodrigo was a resident in Carle Foundation Hospital’s three-year Family Medicine Residency Program and required to pass USMLE Step 3 to advance to year three and to become eligible for board certification and state licensure.
- Carle had a written policy (adopted before and amended in July 2012) requiring passage of Step 3 before the third year and limiting Step 3 failures (policy: more than two failures = termination).
- Rodrigo failed Step 3 three times by October 2012, and had previously struggled in rotations and undergone remediation; Carle granted extensions and a three-week leave to study for a third attempt.
- After the third failure Rodrigo resigned in lieu of termination, later requested reinstatement and accommodation (including a fourth attempt in another state), and alleged his sleep disorder contributed to failures.
- Rodrigo sued under the ADA for disability discrimination, failure to provide a reasonable accommodation, and retaliation; the district court granted summary judgment for Carle and the Seventh Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rodrigo was a "qualified individual" under the ADA to advance to year three | Rodrigo argued his Step 3 failures did not render him unqualified and that other residents had been allowed to continue | Carle argued passing Step 3 was a bona fide prerequisite/essential function and its written policy barred continuation after three failures | Held: Rodrigo was not a qualified individual for year three because passing Step 3 was an essential/core qualification enforced by written policy |
| Whether Carle failed to provide reasonable accommodation | Rodrigo argued he requested reinstatement and a chance for another attempt (and an interactive process) | Carle noted it had already provided accommodations (extensions, leave to study) and that further measures would not enable passing Step 3 | Held: No failure-to-accommodate; additional measures would not have enabled Rodrigo to meet the licensure requirement |
| Whether Carle discriminated on the basis of disability by terminating him | Rodrigo contended termination was discriminatory given his disability-related test performance | Carle maintained enforcement of a neutral, legitimate Step 3 requirement, not discrimination | Held: No discrimination; enforcement of legitimate qualification/policy permissible |
| Whether Carle retaliated against Rodrigo for requesting accommodation/reinstatement | Rodrigo claimed his requests were protected activity and that termination/denial of reinstatement were retaliatory | Carle argued enforcement of its Step 3 policy was not retaliation and there was no causal link shown | Held: Retaliation claim failed — claimant offered no causal evidence, and he cannot recharacterize a discrimination claim as retaliation to avoid the "qualified individual" requirement |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (prescribes burden-shifting framework for discrimination proof)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (summary judgment standard)
- Yahnke v. Kane County, Ill., 823 F.3d 1066 (7th Cir. 2016) (summary judgment review; construing evidence in plaintiff’s favor)
- Stern v. St. Anthony’s Health Ctr., 788 F.3d 276 (7th Cir. 2015) (defining "qualified individual" and prerequisites for position)
- Budde v. Kane County Forest Preserve, 597 F.3d 860 (7th Cir. 2010) (prerequisites include licenses and certifications)
- Leisen v. City of Shelbyville, 153 F.3d 805 (7th Cir. 1998) (employer may require certification/licensure as core qualification)
- Miller v. Illinois Dep’t of Transp., 643 F.3d 190 (7th Cir. 2011) (evidence of workplace practice considered in determining essential functions)
- Morgan v. Joint Admin. Bd., 268 F.3d 456 (7th Cir. 2001) (ADA retaliation protection extends beyond "qualified individuals")
- Freddie v. Bartholomew Consol. Sch. Corp., 799 F.3d 806 (7th Cir. 2015) (elements of ADA retaliation: protected activity, adverse action, causal link)