McCray v. Wilkie, No. 19-3145 (7th Cir. 2020)
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McCray worked at the Milwaukee VA Vet Center as a readjustment counselor, 1997-2000. After earning a Master’s degree, he returned to the VA in 2004 as a Mental Health Case Manager. McCray had served in the Army for eight years in the 1980s and sustained multiple physical and mental injuries. In 2013, his VA disability rating was 100 percent. McCray also suffers from hypertension, arthritis, diabetes, sarcoidosis (in remission), and PTSD.
McCray alleges that the VA failed to accommodate his disabilities and that he suffered disparate treatment as an African-American man. The van McCray used to transport VA clients allegedly lacked adequate legroom and was unsafe; the VA waited 11 months before replacing it. In 2013, McCray experienced difficulty concentrating at work, which he attributed to discrimination and retaliation by co‐workers after he filed EEOC charges. After returning from a leave of absence and experiencing panic attacks, his reassignment request was denied. McCray indicated that he could probably continue working in an office on a lower floor. That request was denied, although there were vacant offices lower in the building.
The district court dismissed his suit under the Rehabilitation Act of 1973, 29 U.S.C. 701. The Seventh Circuit reversed in part. McCray’s complaint presents a plausible claim for relief based on the delay in accommodating his disability with respect to the van. On remand, McCray can further develop his office space claim. McCray waived his disparate treatment claims.
This opinion or order relates to an opinion or order originally issued on February 3, 2020.
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