7th Circ. Won't Revive Ex-Mining Technician's Disability Suit

Law360 (July 14, 2020, 9:52 PM EDT) -- The Seventh Circuit refused Tuesday to revive claims that an industrial sand mining company discriminated against its former employee by eliminating her position instead of accommodating her hand disability, saying she didn't prove her disability prompted the position removal.

A three-judge panel affirmed a lower court's order granting Wisconsin-based Badger Mining Corp. summary judgment over former employee Rae McCann's claims that her job was illegally eliminated after she disclosed that she was having issues with her hands and could potentially need surgery.

"Even assuming she is disabled, her disability was not the cause of the adverse job action" she suffered, the...

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