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7th Circuit rules against fired animal shelter worker

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The 7th Circuit Court of Appeals has affirmed summary judgment for the city of Jeffersonville after finding that a terminated employee’s lawsuit claiming her firing violated the Americans with Disabilities Act can’t proceed because the woman doesn’t qualify as “disabled” under the ADA.

Angelina Povey injured her wrist while working as an attendant at the city’s animal shelter. This injury caused her job duties to be restricted and placed more requirements on the other employees to work more weekends. A co-worker began harassing Povey because of the effect of her injury on his schedule. She reported the co-worker’s comments, and the two were assigned to duties away from each other while working.

Shortly after Povey filed a complaint against the co-worker, the city learned that Povey’s permanent physical restrictions would leave her unable to perform any of the essential functions of an adoption kennel attendant. Her employment was then terminated.

She filed her lawsuit alleging discrimination under the ADA and that she was fired in retaliation for her prior complaints of discrimination and harassment. U.S. Judge Richard Young granted summary judgment for the city, finding Povey failed to demonstrate she was a qualified individual under the ADA. She didn’t provide evidence that her wrist injury impaired her from completing daily tasks; her perceived impairment foreclosed her from accepting a broad range or class of jobs; she was perceived unable to perform manual tasks; she was a qualified individual as defined under the ADA; and she was terminated in retaliation for exercising her rights under the ADA.

Povey argued on appeal that the city regarded her as having a substantial impairment that limited her abilities in the major life activity of working, pointing to comments from her supervisors. One supervisor said that  Povey wasn’t able to use her right hand, and another believed Povey’s work restrictions prevented her from performing her job and that the city didn’t have a job for someone with a permanent disability.

In Angelina Povey v. City of Jeffersonville, Indiana, 11-1896, the 7th Circuit rejected her claims, finding none of the statements to be so sweeping as to exclude Povey from a broad class of jobs. Those statements don’t constitute facts from which a jury could reasonably conclude that Jeffersonville regarded Povey as disabled under the ADA, wrote Judge Sharon Johnson Coleman, District Judge for the Northern District of Illinois, who is sitting by designation.

Povey is not protected by the ADA provisions, and her retaliation claim under the ADA also fails.
 

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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