Yochim v. Carson, No. 18-3670 (7th Cir. 2019)Annotate this Case
Yochim worked in HUD's legal department for 26 years. Throughout her tenure, she took advantage of HUD’s flexible policy permitting employees to work from home several days per week. After undergoing hand surgery, Yochim requested time off and permission to work from home. HUD agreed and allowed her time to recover and to telework several days a week for many months as she received physical therapy. HUD later restructured its law department, with the effect of requiring employees to spend more time in the office. The restructuring, combined with Yochim’s performance deficiencies, led HUD to revoke her telework privileges and offer alternative accommodations. In the meantime, Yochim lodged two complaints with the EEOC, claiming that HUD discriminated and retaliated against her by failing to promote her and, separately, to accommodate her need for ongoing rehabilitation. Yochim retired from HUD once she became eligible to do so, then filed suit, citing the Rehabilitation Act. The Seventh Circuit affirmed summary judgment in favor of HUD. Although Yochim had established that she was a qualified person with a disability, no reasonable jury could find that the Department had failed to offer reasonable accommodations. Yochim did not establish that HUD retaliated against her or subjected her to a hostile work environment.