Published May, 2015
Gresham-Walls v. Brown, No. 1:12-CV-01344 (N.D. Ill. 2014)
This ruling denied the defendant’s motion for summary judgment in a case claiming discrimination under the Family and Medical Leave Act (FMLA) and federal disability discrimination laws. Though this case is about mental illness, not HIV, it’s clarification of relevant standards under the FMLA, the Americans with Disabilities Act ADA and the Federal Rehabilitation Act (Rehab Act). May be helpful to people living with HIV who rely on these laws to challenge employer refusals to provide them with reasonable accommodations when needed
Plaintiff Cynthia Gresham-Walls alleged that she has mental health conditions that necessitated her taking a FMLA leave and to request a lessening of her job duties on her return. When her employer refused, she filed suit claiming the failure to accommodate her violated her rights under the FMLA, the ADA, and the Rehab Act. Rejecting the defendant’s request that judgment be entered in its favor without a trial, the court explained why Gresham-Wall had met her burden regarding the minimal legal and factual allegations that must be made for her case to survive the defendant’s motion for summary judgment under the ADA, FMLA and RA.
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