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ADA Violation – Retaliation Claim

By: Derek Hawkins//September 18, 2018//

ADA Violation – Retaliation Claim

By: Derek Hawkins//September 18, 2018//

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7th Circuit Court of Appeals

Case Name: Linda Rowlands, et al. v. United Parcel Service – Fort Wayne

Case No.: 17-3281

Officials: FLAUM, and RIPPLE, Circuit Judges, and GETTLEMAN, District Judge.

Focus: ADA Violation – Retaliation Claim

Linda Rowlands claims that United Parcel Service (“UPS”) discriminated against her because she had a disability, failed to accommodate her disability, and retaliated against her when she requested accommodations, all in violation of the Americans with Disabilities Act, 14 U.S.C. § 12111 et seq. (“ADA”). The district court granted UPS’ motion for summary judgment on all of Rowlands’ claims, finding that she did not have a disability, had waived her failure to accommodate claim, and failed to establish a prima facie case for retaliation. Rowlands appeals only her failure to accommodate and retaliation claims. Because there are genuine disputes of fact that are material to Rowlands’ failure to accommodate and retaliation claims, neither of which were waived, we reverse and remand.

Reversed and Remanded

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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.

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