Rutledge v. Ill. Dept. of Human Services

Federal 7th Circuit Court
Civil Court
Rehabilitation Act
Citation
Case Number: 
No. 15-1028
Decision Date: 
May 5, 2015
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed and reversed in part and remanded
Dist. Ct. erred in dismissing for failure to state cause of action plaintiff’s claim under section 504 of Rehabilitation Act, alleging that defendant terminated him from his CNA position on account of his mental disability. Fact that Dept. of Veterans Affairs had previously determined that plaintiff was 100 percent disabled did not necessarily support Dist. Ct.’s belief that plaintiff was unable to perform his job. Moreover, record did not definitively demonstrate that instant cause of action was filed beyond applicable 2-year limitations period, even though plaintiff did not file instant action until 8 years after his suspension, since it is unclear when plaintiff was formally terminated from his position.