ADA Violation – Disparate Treatment Claim

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7^th Circuit Court of Appeals

Case Name: Angela Tonyan v. Dunham’s Athleisure Corporation

Case No.: 19-2939

Officials: EASTERBROOK, BRENNAN, and ST. EVE, Circuit Judges.

Focus: ADA Violation – Disparate Treatment Claim

Angela Tonyan worked as a store manager at Dunham’s Athleisure Corporation (Dunham’s) when she suffered a series of injuries, requiring multiple surgeries and temporary restrictions to her shoulder, arm, and hand movement. After her doctor imposed permanent restrictions, including one preventing her from lifting more than two pounds with her right arm, Dunham’s fired her.

Dunham’s asserts, because of its lean staffing model, that store managers must perform various forms of physical labor, such as unloading and shelving merchandise, as essential functions of their job duties. Tonyan, on the other hand, argues that physical tasks were not essential functions of her job and that, in any event, she was able to perform her job’s essential functions.

We conclude that physical tasks were essential functions of Tonyan’s job. As a result, in light of the severe restrictions on her movement, no reasonable factfinder could determine that Tonyan was capable of performing the essential functions of her position. We therefore 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.