Stern v. St. Anthony's Health Ctr., No. 14-2400 (7th Cir. 2015)
Annotate this CaseStern worked at St. Anthony’s Health Center (SAHC) as Chief Psychologist, with supervisory, administrative, and clinical responsibilities. In 2010, Stern received an annual performance evaluation that assigned an overall score of 2.54/4, citing concerns over administrative responsibilities. Weeks later, a subordinate resigned and, during her exit interview, said Stern had “cognitive issues.” There had been patient complaints. Other coworkers expressed similar concerns about “possible dementia.” SAHC required Stern to undergo a fitness-for-duty evaluation and placed him on a paid leave of absence. SAHC agreed to Stern’s choice of the Chief of Clinical Neuropsychology at Washington University Medical School, for the evaluation. The final report indicated short-term memory deficiencies, with a level of memory functioning below expectation and stated “Stern is not believed to be fit for duty in his current position.” Stating that it could not provide a position with reduced responsibilities, SAHC terminated Stern. Stern sued under the Americans with Disabilities Act. The district court granted SAHC summary judgment. The Seventh Circuit affirmed, stated that it was troubled that SAHC failed to engage in an interactive process to find reasonable accommodations to permit Stern to continue his employment, but that Stern failed to create an issue of fact as to whether he was able to perform the essential functions of his job with or without reasonable accommodation.
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