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ADA Violation

By: Derek Hawkins//September 7, 2020//

ADA Violation

By: Derek Hawkins//September 7, 2020//

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7th Circuit Court of Appeals

Case Name: Rae McCann v. Badger Mining Corporation

Case No.: 19-2420

Officials: RIPPLE, BRENNAN, and SCUDDER, Circuit Judges.

Focus: ADA Violation

Rae McCann brought this action against her former employer Badger Mining Company (“Badger”) under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12112, and the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621–634. She alleged that Badger discriminated against her on the basis of her age and disability when it failed to transfer her to a position in a different department and when it eliminated her position as part of a reduction in force. After discovery, Badger moved for summary judgment on all claims. The district court granted the motion.

Before us, Ms. McCann maintains only that the district court erred in granting summary judgment to Badger on her disability claim related to the elimination of her position. Under the ADA, Ms. McCann was required to come forward with evidence that, but for her disability, Badger would not have eliminated her position. She did not meet that burden, and we therefore affirm the judgment of the district court.

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.

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