Employment – ADA — accommodation

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United States Court of Appeals For the Seventh Circuit

Civil

Employment – ADA — accommodation

Even though an employee repeatedly fell asleep on the job, the employer was required to attempt to accommodate her disability.

“C&M never engaged in an interactive attempt to find a reasonable accommodation as claimed in the April 28 email from Bellant to Swoyer (‘we feel that we did the interactive process during the progressive disciplinary process.’). Spurling returned with C&M’s ADA form, on which Dr. Beitzel indicated that she had a condition covered under the ADA. Despite this notation, C&M never contacted Dr. Beitzel to determine the severity of Spurling’s ADA claim or how it might be able to provide a reasonable accommodation. Following a series of emails, it decided to terminate her, despite the ‘element of risk.’ And, while it is true that Spurling presented the information to C&M after receiving her Suspension Pending Termination, she did so at C&M’s behest. C&M properly began the interactive process as envisioned by the ADA, but failed to carry it through.”

Affirmed in part, and Reversed in part.

13-1708 Spurling v. C&M Fine Pack, Inc.

Appeal from the United States District Court for the Northern District of Indiana, Simon, J., Kanne, J.