IFMK Law won summary judgment in favor of an Illinois County Sheriff’s Office against a former corrections deputy claiming disability discrimination and a failure to make a reasonable accommodation for his disability in violation of the Illinois Human Rights Act (IHRA). The disability discrimination claim was filed in the Kankakee County Circuit Court. IFMK Employment Law Defense Attorneys previously won a motion for summary judgment in federal court on a Family Medical Leave Act (FMLA) claim by the same employee.
In the IHRA discrimination case, Plaintiff claimed that he was disabled due to a lumbar strain stemming from his work duties. He was given a temporary position in Master Control. After an initial recovery period, Plaintiff requested that the position become permanent. The Sheriff denied his request and terminated him due to his inability to perform the essential functions of his position. The court found that Plaintiff's request for a permanent light duty position was not reasonable because he was not found to be disabled pursuant to the IHRA definition due to his inability to perform the essential functions of the position and Plaintiff failed to present a factual basis to support that the accommodation he requested was reasonable.