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ADA Violation – Retaliation Claim

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

ADA Violation – Retaliation Claim

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

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7th Circuit Court of Appeals

Case Name:  Janet Kotaska v. Federal Express Corporation

Case No.: 19-2730

Officials: SYKES, Chief Judge, and HAMILTON, and ST. EVE, Circuit Judges.

Focus: ADA Violation – Retaliation Claim

Federal Express Corporation (FedEx) twice fired Janet Kotaska because she could not lift up to 75 pounds. The first time, she was limited to lifting only 60 pounds after a shoulder injury. Eventually, her condition improved so that she could lift 75 pounds to her waist, and a FedEx supervisor rehired her “off the books.” Within three weeks, though, FedEx discovered her capabilities above the waist remained severely limited and dismissed her again.

Kotaska contends that this second dismissal was a violation of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101–12213. The district court entered summary judgment for FedEx because Kotaska had not shown she was a qualified individual or that the second dismissal was in retaliation for her complaints about the first. Because we agree that Kotaska has not carried her burden, we affirm the judgment.

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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