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Case Law Update: ADA in Wrongful Termination

Casna v. City of Loves Park, No. 07-1044 (7/24/09) found that the District Court erred in granting defendant’s motion for summary judgment in ADA action alleging that defendant terminated plaintiff from her administrative assistant position in retaliation for having made internal complaint of discrimination based on her disability. Plaintiff’s oral remark to supervisor (i.e., Aren’t you being discriminatory?) in response to supervisor’s observation (i.e., How can you work if you cannot hear?) was sufficient to constitute protected activity, and plaintiff’s termination one day after her remark to supervisor was sufficient by itself to potentially establish causal link between protected activity and adverse a court. This seventh circuit decision will have an effect on Illinois cases.