Rasmason v. Cook County,
No. 00 C 5524 (N.D. Ill. Oct. 30, 2001)

A nurse employed by a county hospital, who suffered from degenerative disc disease, brought an Americans with Disabilities Act ("ADA") suit against the county alleging that it failed to reasonably accommodate his disability when the hospital informed him that he was being transferred to a non-nursing clerical position that would require lifting, bending, and twisting. The nurse also alleged that he was terminated in violation of the ADA. The United States District Court for the Northern District of Illinois denied the hospital's motion for summary judgment on the nurse's failure to accommodate claim, holding that a reasonable jury could find that the clerical position did not constitute a reasonable accommodation. Also, the court held that a reasonable jury could find that the special lifting and bending requirements identified by the hospital are not an essential function of the nursing position. The court did, however, grant the county's motion for summary judgment on the nurse's ADA-based discriminatory demotion claim holding that the nurse did not present any evidence supporting a claim of retaliation for making his ADA charge.