Rehabilitation Act Violation

Listen to this article

7^th Circuit Court of Appeals

Case Name: Elisa J. Yochim v. Benjamin S. Carson, Sr.,

Case No.: 18-3670

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

Focus: Rehabilitation Act Violation

Elisa Yochim worked in the legal department of the United States Department of Housing and Urban Development for 26 years. Throughout her tenure, she took full advantage of HUD’s flexible and progressive policy permitting employees to work from home several days per week. After undergoing hand surgery, Yochim requested time off and permission to work from home. HUD agreed and allowed her time to recover and to telework several days a week for many months as she received physical therapy. HUD later restructured its law department and this development had the effect of requiring employees like Yochim to spend more time in the office. In time this restructuring, combined with Yochim’s performance deficiencies, led HUD to revoke her telework privileges and offer alternative accommodations. For her part, Yochim responded with this lawsuit, alleging violations of the Rehabilitation Act for failure to accommodate her ongoing rehabilitation needs. The district court entered summary judgment for HUD, and we affirm. No rational jury could conclude that the Department failed to offer reasonable accommodations.

Affirmed

Full Text

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.