A long-term leave of absence is not a reasonable accommodation under the Americans With Disabilities Act (“ADA”) , at least according to the Seventh Circuit. On September 20, 2017, the Seventh Circuit in Severson v. Heartland Woodcraft, Inc. held that an employee who needs a long term leave is not a qualified individual with a disability under the ADA.
Archives for October 2017
Plaintiff Charles Krik, a life-long cigarette smoker, alleged that his lung cancer was caused, in part, by exposure to asbestos attributable to his work as a pipe fitter at an Exxon Mobil refinery. At the trial level, the judge barred plaintiff’s expert Dr. Arthur Frank and his opinion that “any exposure” to a given substance adds to one’s cumulative dose, and that the cumulative dose is the alleged cause of the claimed injury. (Charles Krik v. Exxon Mobil Oil Corp., et al., No. 15-3112, 7th Cir., 2017 U.S. App. LEXIS 16795).