Summary
Rae McCann v. Badger Mining Corporation, 7th Cir. 2020. The Seventh Circuit affirmed summary judgment for the employer on an ADA disability discrimination claim arising from a reduction in force. The court held that the plaintiff failed to establish but-for causation, as she could not show that her disability was the reason her position was eliminated rather than a legitimate reduction in force. The court further held that the employer's knowledge of her disability and its efforts to cover her absences during medical appointments were not evidence of discrimination, and that suspicious timing alone is insufficient to survive summary judgment when there are reasonable, non-suspicious explanations for the timing.
Topics
Practice areas
Questions Presented
- Whether the district court erred in granting summary judgment on McCann's ADA claim that her position was eliminated because of her disability.
Holdings
- Summary judgment was proper because McCann failed to come forward with evidence that but for her disability, her position would not have been eliminated. She did not show that Badger's reasons for eliminating her position were pretextual or that the timing was suspicious enough to infer discrimination.
Key quotations
“To prove a violation of § 12112(a), a plaintiff must show that: (1) he is disabled; (2) he is otherwise qualified to perform the essential functions of the job with or without reasonable accommodation; and (3) the adverse job action was caused by his disability.” (at 16)
“To establish causation, Ms. McCann concedes that she 'must show that … her employer would not have fired h[er] but for h[er] actual or perceived disability.'” (at 17)
“In evaluating pretext, 'the question is not whether the employer's stated reason was inaccurate or unfair, but whether the employer honestly believed the reason it has offered to explain the discharge.'” (at 18)
Factual background
Rae McCann worked for Badger Mining Corporation in the R&D department. She had performance issues, including difficulties with batch mixing, self-direction, and interpersonal skills. In September 2015, she was diagnosed with arthritis and carpal tunnel syndrome and informed her employer. Badger was already planning a reduction in force due to business downturn. In October 2015, McCann's position was eliminated as part of the reduction; she was replaced by Nathan Coblentz, who was better at batch mixing and self-directed work. McCann alleged that her position was eliminated because of her disability.
Procedural history
The district court granted summary judgment to Badger on all claims. McCann appeals only the disability discrimination claim regarding the elimination of her position.