7th Circ. Nixes Win For Ill. DOT In ADA Suit

Law360, New York (May 10, 2011, 4:37 PM EDT) -- The Seventh Circuit on Tuesday reversed a ruling that favored the Illinois Department of Transportation in an Americans with Disabilities Act suit, saying whether or not IDOT regarded a maintenance worker's acrophobia as a disability remained a question of fact.

A three-judge panel for the Seventh Circuit said that there were genuine issues of material fact concerning IDOT's reasoning for firing plaintiff Darrell Miller, who was terminated from his bridge crew job in June 2007 a year after being formally diagnosed with acrophobia.

“Miller presented evidence...
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