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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. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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