Kotaska v. Federal Express Corp., No. 19-2730 (7th Cir. 2020)
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FedEx twice fired Kotaska because she could not lift up to 75 pounds. The first time, she was limited to lifting only 60 pounds after a shoulder injury. Eventually, her condition improved so that she could lift 75 pounds to her waist. A FedEx supervisor rehired her “oě the books.” Within three, FedEx discovered her capabilities above the waist remained severely limited and dismissed her again. Kotaska filed suit under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101–12213.
The district court granted FedEx summary judgment because Kotaska had not shown she was a qualięed individual or that the second dismissal was in retaliation for her complaints about the first. The Seventh Circuit affirmed. The parties agree that lifting packages, including above the waist and shoulders, is an essential function (really the essential function) of a handler. Kotaska did not dispute FedEx’s judgment that a handler must be able to lift up to 75 pounds by herself and up to 150 pounds with help. Whatever precise weight a handler might need to lift above the waist or shoulders, no reasonable fact-finder could place that weight within Kotaska’s stringent medical restrictions.
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