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Employment — ADA

By: WISCONSIN LAW JOURNAL STAFF//November 26, 2014//

Employment — ADA

By: WISCONSIN LAW JOURNAL STAFF//November 26, 2014//

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U.S. Court of Appeals
For the Seventh Circuit

Civil

Employment — ADA

An employer cannot be held liable under the ADA for decisions dictated by the State.

“We affirm the judgment of the district court. We conclude that, although Milwaukee County was Ms. Whitaker’s official employer and was responsible for her compensation, it had no involvement in the principal decisions that she claims violated the statute and no authority to override those decisions, made by the State of Wisconsin’s Department of Health Services personnel. Accordingly, the County cannot be held liable under the ADA for those decisions. Because the district court’s judgment in favor of the County on the termination and denial of accommodation claims must be upheld on this basis, we need not consider whether that court erred in determining the scope of the charge as it concerns State conduct. With respect to whether the County is liable for any of its own actions, we hold Ms. Whitaker’s allegations on these matters are outside the scope of her EEOC charge, and, therefore, we cannot consider them. We therefore affirm the district court’s grant of summary judgment to Milwaukee County.”

Affirmed.

13-3735 Whitaker v. Milwaukee County

Appeal from the United States District Court for the Eastern District of Wisconsin, Stadtmueller, J., Ripple, J.

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