Tonyan v. Dunham's Athleisure Corp., No. 19-2939 (7th Cir. 2020)
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Tonyan, a Dunham’s store manager, suffered a series of injuries, requiring multiple surgeries and restrictions to her shoulder, arm, and hand movement. After her doctor imposed permanent restrictions, including one preventing her from lifting more than two pounds with her right arm, Dunham’s fired her. Dunham’s claims, because of its lean staffing model, that store managers must perform various forms of physical labor, such as unloading and shelving merchandise, as essential functions of their job duties.
The Seventh Circuit affirmed the summary judgment rejection of her claims, alleging disparate treatment and failure to accommodate her disability, 42 U.S.C. 12112(a) and 42 U.S.C. 12112(b)(1)–(7). Physical tasks were essential functions of Tonyan’s job; in light of the severe restrictions on her movement, no reasonable factfinder could determine that Tonyan was capable of performing the essential functions of her position. The court rejected Tonyan’s argument under the FLSA “primary duty” test for overtime exemption; an exempt employee may spend more than 50 percent of his time performing non‐exempt work, such as manual labor. Tools were available throughout Tonyan’s employment and they did not permit Tonyan to perform her duties, which she delegated. Even with tools, a person restricted to lifting no more than two pounds with one of her arms could not lift canoes, for instance, to their proper storage space.
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