McAllister v. Innovation Ventures, LLC, No. 20-1779 (7th Cir. 2020)Annotate this Case
McAllister began working for Innovation in 2014. In June 2016, an automobile accident left McAllister with serious head and back injuries. On her Family and Medical Leave Act, 29 U.S.C. 2601, application her doctor wrote she could not perform “any & all” functions and estimated that McAllister could not return to work until September 2016. McAllister was granted short-term disability benefits. According to McAllister, Innovation indicated that “all restrictions had to be lifted before [she] could return to work.” Thereafter, her doctors extended the date for her return to work. Her FMLA leave expired. At an October 2016 meeting, Innovation told McAllister that an employee unable to return to work after six months of leave would be terminated but granted her additional leave, to expire upon her November neuro-psychological evaluation. Her doctors failed to complete the required testing.
Innovation terminated her in December. McAllister was granted long-term disability benefits, which ended in October 2018 when the insurer determined she no longer had “functional deficits," and Social Security Disability Insurance benefits, retroactive to the date of her accident. McAllister sued for failure to accommodate her under the Americans with Disabilities Act (ADA, 42 U.S.C. 12111(8)). The Seventh Circuit affirmed summary judgment in favor of Innovation. McAllister was not “qualified” under the ADA; there was no genuine dispute of material fact that she could perform another job with or without accommodations.