Americans with Disabilities Act

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7^th Circuit Court of Appeals

Case Name: Lora J. Wheatley v. Factory Card and Party Outlet

Case No.: 15-2083

Officials: ROVNER and WILLIAMS, Circuit Judges and SHAH, District Judge.

Focus: Americans with Disabilities Act

Employer failure to accommodate injury of employee after being declared unfit to work did not violate ADA where work required climbing and other physical activity.

“That conclusion is consistent with the Aetna Attending Physician Statement by Dr. Fleischli in the record, in which he indicated that she had no ability to work and would need to be absent until August 15, 2009. Wheatley argues that the district court erred in considering that document because it is hearsay. In granting summary judgment, a district court may consider any evidence that would be admissible at trial. Widmar v. Sun Chem. Corp., 772 F.3d 457, 460 (7th Cir. 2014). The evidence need not be admissible in form, but must be admissible in content, such that, for instance, affidavits may be considered if the substitution of oral testimony for the affidavit statements would make the evidence admissible at trial. Winskunas v. Birnbaum, 23 F.3d 1264, 1267-68 (7th Cir. 1994). Here, the court could properly determine that the Attending Physician Statement was admissible. We have upheld the admissibility ofa health care provider’s medical certification under the business records exception, Fed. R. Evid. 803(6), and the court could properly determine that Factory Card could provide the foundation for admission of such evidence at trial. See Hansen v. Fincantieri Marine Group, LLC, 763 F.3d 832, 840 (7th Cir. 2014). In fact, Wheatley raised no objection to that document when it was included in the defendant’s statement of undisputed facts.”

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.