By: WISCONSIN LAW JOURNAL STAFF//October 26, 2012//
By: WISCONSIN LAW JOURNAL STAFF//October 26, 2012//
United States Court of Appeals For the Seventh Circuit
Civil
Employment — disability discrimination — retaliation
A 13-month period between protected activity under the ADA and an adverse employment action is insufficient to infer retaliation. “In the present case, Anderson cannot point to temporal proximity between protected activity and adverse action on the part of USPS. As the district court recognized, interpreting the evidence in the light most favorable to Anderson might permit an inference that Anderson’s request for reasonable accommodation was denied (constituting alleged adverse action) when Lee spoke with Greiser in August 2005 and when they failed to convene the full reasonable accommodation committee. However, his most recent protected activity, an EEO filing in July 2004, had occurred a full thirteen months before this alleged adverse action. Thus, the thirteen-month period that elapsed between Anderson’s protected activity and adverse action, without more, does not create a genuine issue of fact on the inference of retaliation.”
Affirmed.
Appeal from the United States District Court for the Northern District of Illinois, Kennelly, J., Flaum, J.