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