ADA Violation

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7^th Circuit Court of Appeals

Case Name: Kimberly Bilinsky v. American Airlines, Inc.

Case No.: 18-3107

Officials: EASTERBROOK, KANNE, and HAMILTON, Circuit Judges.

Focus: ADA Violation

American Airlines employed Kimberly Bilinsky for more than two decades. That employment continued without issue after Bilinsky contracted multiple sclerosis (“MS”) in the late 1990s. American provided a “Work from Home Arrangement” (“WFHA”), which permitted Bilinsky to do her job from her home in Chicago, even though her colleagues operated out of the company headquarters in Dallas. But after a 2013 merger, American restructured its operations and informally repurposed Bilinsky’s department. The executives determined that the new duties required the in‐person involvement of the employees, so the company rescinded the arrangement and demanded that Bilinsky relocate to Texas to work face‐to‐face. Once negotiations collapsed, American terminated Bilinsky.

This lawsuit under the Americans with Disabilities Act (“ADA”) followed. 42 U.S.C. § 12111 et seq. The district court granted summary judgment to American, finding that Bilinsky was no longer qualified for the position in light of the changes in her responsibilities. Because Bilinsky’s evidence does not counter that assertion, we affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.