O'Neal v. Gate Gourmet, Inc.

No. 03 C 0630 (N.D. Ill. filed, Jan. 28, 2003) ; Clearinghouse Number: 55135

Description

Former Employee Claims That Employer’s Mandatory Termination Policy Following Fifteen Months of Medical Leave Violates ADA

Abstract

A man with bipolar disorder filed a complaint alleging that his former employer, an airport food service company, violated the Americans with Disabilities Act (ADA) when employer forced him into medical leave and ultimately fired him from his job as a truck driver. After working for defendant for about one year, plaintiff went on leave for brain surgery and was diagnosed with bipolar disorder. Medication controlled many of the disorder’s symptoms, and plaintiff returned to work. Years later plaintiff’s doctor restricted his lifting due to a hernia. While plaintiff’s job did not require lifting above the restriction, plaintiff told his employer of the restriction. Plaintiff alleges that his employer used the lifting restriction to assert that plaintiff’s previous medical release to return to work was not unrestricted. Defendant forced plaintiff to take medical leave, and he remained on it for over a year. Defendant then fired him pursuant to company policy requiring termination after fifteen months’ leave. Plaintiff claims that defendant violated the ADA by forcing him into medical leave, refusing to reinstate him despite his ability to work, refusing to discuss accommodation of his disability, and discharging him under an unlawful policy. Plaintiff alleges that he is disabled, has a history of disability, and was regarded by defendant as having a disability.

Additional Information

Attorney Information
Plaintiff represented by Alan Goldstein, Equip for Equality, 11 E. Adams St., Suite 1200, Chicago, IL 60603 (312.895.7318)
Docket Date
2003-01-28 00:00:00+00:00

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