Plaintiff, manager of wellness department, was terminated after employer concluded that they could not accommodate her request for indefinite leave of absence. Plaintiff filed complaint alleging disability discrimination under Americans with Disabilities Act and Illinois Human Rights Act, and claims of retaliatory discharge and tortious interference with employment expectancy. Even if Plaintiff were deemed a qualified individual under the ADA, her claim fails because her requested accommodation of an indefinite period of leave is unreasonable as a matter of law, and she failed to present evidence that her requested leave was likely to enable her to perform the essential functions of her job upon her return because of her significant cognitive restrictions. Plaintiff's testimony about comments others made to her about management several months and several significant intervening events (including disciplinary actions) before her termination are insufficient to raise a genuine issue of material fact about valid nonpretextual reason for her discharge. (REYES and BURKE, concurring.)
Illinois Appellate Court
Civil Court
Americans with Disabilities Act