Swanson v. Village of Flossmoor, No. 14-3309 (7th Cir. 2015)
Annotate this CaseSwanson resigned from the Village of Flossmoor’s police department after suffering two strokes in 2009, six weeks apart, the second of which left him unable to perform as a detective. Swanson claimed that the Village failed to reasonably accommodate him—in violation of the Americans with Disabilities Act—upon his return to work from his first stroke by not permitting him to work exclusively at a desk. He also claimed that the Village violated Title VII of the Civil Rights Act by discriminating against him on the basis of his race and national origin, citing instances in which Village employees made racially offensive comments to him during his employment. He claimed that the Village excluded him from criminal investigations after his first stroke and then contemplated the possibility of moving him out of the investigations division entirely after his second stroke. The district court granted the Village summary judgment and the Seventh Circuit affirmed, finding the Title VII claims time-barred because Swanson failed to lodge a formal charge with the Equal Employment Opportunity Commission within 300 days after the alleged discrimination and finding the ADA claim deficient in view of his doctor’s recommendation that Swanson work “part-time” following his first stroke.
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