By Ryann E. Ricchio, JD
A recent decision from the 7th Circuit Court—which covers Illinois, Indiana, and Wisconsin—presents employers with an interesting analysis and a good review of the various theories and methods of proof for Americans with Disabilities Act (ADA) claims. The 7th Circuit affirmed a lower court’s decision in favor of the employer, finding that the employee waived his failure to accommodate claim and could not establish a discrimination claim.
 |
This decision provides employers a good refresher on two types of ADA claims and ways to rebut those claims during litigation. This HR department acted promptly and reasonably and created good evidence that was later used in litigation. Its practices are worth noting in case you are faced with a reasonable accommodation question or an allegation of disability discrimination.