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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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