Failure to Accommodate – FMLA & ADA Violations – Summary Judgment

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7^th Circuit Court of Appeals

Case No.: 14-3354

Case Name: Keith Curtis v. Costco Wholesale Corporation

Officials: WOOD, Chief Judge, and BAUER and EASTERBROOK, Circuit Judges

Pertinent Practice Areas: Failure to Accommodate – FMLA & ADA Violations – Summary Judgment

Appellants fails to show company interfered with FMLA rights and violated provision of ADA.

“We entertained and rejected a similar “failure-to-reinstate” claim in James v. Hyatt Regency Chicago, 707 F.3d 775 (7th Cir. 2013). There, the plaintiff based his FMLA interference and retaliation claims on his employer’s failure to reinstate him when he submitted a doctor’s note releasing him to “light duty.” Id. at 781. In rejecting plaintiff’s claims and affirming summary judgment for the defendant employer, we held the employer’s refusal to reinstate the plaintiff did not constitute a materially adverse employment action. Id. at 782. “Employers are under no obligation to restore an employee to his or her position if the employee is unable to perform the essential functions of the job.” Id. at 781.”

Affirmed.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.