Skip to main content

(414) 276-2850

U.S. Supreme Court Asked to Review Our 7th Circuit Win in an ADA Accommodation Case

Posted by Attorney David McClurg in Labor Relations / Comments

In September of 2017 the 7th Circuit Court of Appeals issued a decision, following briefing and argument by Petrie + Pettit attorney Dave McClurg, affirming dismissal of an ADA complaint against our client, Heartland Woodcraft. The plaintiff in that action, Raymond Severson, alleged that Heartland violated the ADA by denying his request for an additional 2-3 months of leave to undergo back surgery after he had exhausted three-months of FMLA leave on conservative treatment alternatives. Heartland denied the request because it needed to fill Severson's second shift lead position, and believed it would only be able to find a competent replacement if it offered applicants a permanent position - but asked Severson to re-apply once he recovered from his surgery. Instead of reapplying, Severson sued, claiming that the Heartland should have “accommodated" his disability by granting him the additional 2-3 months of job-protected leave.

A federal judge in Milwaukee dismissed the case holding that a multi-month leave is not a “reasonable accommodation." The employee appealed, and in Severson v. Heartland Woodcraft, the 7th Circuit affirmed the dismissal, holding that “the term 'reasonable accommodation' is expressly limited to those measures that enable a person to work. An employee who needs long-term medical leave cannot work and thus is not a 'qualified individual' [subject to protection] under the ADA." The Court went on to note that Severson's position would transform the ADA into a “medical leave entitlement" – which it was never intended to be.

With the aid of the University of Chicago Law School Supreme Court Clinic, Severson filed a Petition for a Writ of Certiorari on January 18, 2018, requesting that the U.S. Supreme Court review the 7th Circuit's decision. They argued that the case was wrongly decided, that there is a “significant split" among the various Federal Circuit Courts on the issue of the reasonableness of extended leave as an accommodation under the ADA, and that this case presents an “ideal vehicle" for the Court to resolve that split.

Because Heartland believes that the 7th Circuit's decision in its favor was correctly decided, and that there's no reason for the Supreme Court to review that decision, Attorney McClurg filed a Brief in Opposition to the Petition on February 14, 2018. Citing many of the same arguments and precedents raised before the 7th Circuit, including a 2014 decision authored by recently appointed Justice Neil Gorsuch when he was a 10th Circuit judge, McClurg's brief argued that the Severson case was correctly decided, and that there is no conflict among the circuit courts on the issue of extended leave as a reasonable accommodation meriting the Supreme Court's review.

Severson's appellate team will likely file a reply brief by the end of February, and their Petition could be considered by the Supreme Court as early as mid-March. If the Court denies the Petition, this case, originally filed with the Wisconsin Equal Rights Division in November of 2013, will finally be over. If the Petition is accepted, then, as they say, things will get really interesting.

If you have questions about the Severson case or other labor & employment questions, please feel free to contact Dave McClurg at (414) 223-6956 or dmcclurg@petriepettit.com.