The opinion of the court was delivered by: Morton Denlow, United States Magistrate Judge:
MEMORANDUM OPINION AND ORDER
Plaintiff Anthony S. Burmistrz ("Plaintiff"/"Burmistrz") filed a
two-count amended complaint against his former employer City of Chicago
("Defendant"/"City"). Count I was brought against Defendant alleging
discrimination in violation of the Americans with Disabilities Act
("ADA"), 42 U.S.C. § 12101-12213. Count II alleges Defendant
retaliated against Plaintiff in violation of the ADA. Defendant moves for
summary judgment contending Plaintiff's claims are untimely and Plaintiff
cannot establish disparate treatment, denial of a reasonable
accommodation, or retaliation. Because Plaintiff's claims were untimely
filed, Defendant's motion for summary judgment is granted. Additionally.
Defendant articulated a legitimate non-discriminatory reason for
Plaintiff's termination, this reason was not pretextual, and Plaintiff
was not denied a reasonable accommodation.
Burmistrz began working as an ironworker in the City's Department of
Transportation in 1981. (Pl. Res. ¶¶ 4, 5).*fn1 In 1985 Plaintiff
became a subforeman of ironworkers and in October 1996, his job title
became foreman of ironworkers. (Pl. Res. ¶¶ 6, 7). The Defendant is
the City of Chicago. (Pl. Res. ¶ 1).
B. Plaintiff's Foreman Position
As an ironworker, Plaintiff's duties included ironwork repair to
maintain bridges and roadways. (Pl. Res. ¶ 5). In 1985, he became
subforeman and in 1996 he became foreman. (Pl. Res. ¶¶ 6, 7). The job
duties of a foreman and sub foreman are generally the same. (Def. Res.
C. Plaintiff's Supervisors
Plaintiff had many supervisors during his tenure with the City. Raymond
Gaik was Plaintiff's immediate supervisor for the last seven months of
Plaintiff's employment between April and November, 1998. (Pl. Res. ¶
11). Robert Serpe served as general foreman from the mid to late-1990's,
working out of the facility where the ironworkers reported. (Pl. Res. ¶
12). Effective April 1, 1998, Serpe was assigned to an office, and Gaik
became "acting" general foreman assuming Serpe's prior duties. (Id.)
Michael Pavichevich was a general foreman for seven and a half to eight
years, before being demoted to foreman in September. 1995. (Pl. Res.
¶ 13). Pavichevich was then made acting general foreman for eight to
nine months in 1996 or 1997. (Id.).
Stan-Lee Kaderbek is the Chief Engineer for the Bureau of Bridges and
Transit within the City's Department of Transportation serving in that
capacity from May 1993 to present. (Pl. Res. ¶ 14). His duties
include general oversight of all day labor and bridge tender personnel,
overseeing the general operations of the Bureau, and overseeing budget
and personnel matters, including those of bridge and structural
ironworkers and their supervisors. (Id.).
Robert Boskovich is the executive officer of Local 1, Ironworkers, the
local union belonging to the International Association of Bridge,
Structural, Ornamental, and Reinforcing Ironworkers. (Pl. Res. ¶
15). His duties involve the operations of the local and negotiating
contracts for the local. (Id.).
D. Plaintiff's Medical Problems*fn3
Burmistrz asserts he was diagnosed in 1996 with a disability known as
somatization*fn4 disorder. (Pl. Dep. at 45, 73-74). Burmistrz also
states he suffers from acute anxiety' disorder and acute depression with
panic disorder. (Pl. Dep. at 45). Additionally, Burmistrz claims he became
sick and had various problems such as stomach problems, insomnia, and a
nervous condition. (Serpe Dep. at 12). Plaintiff's illness also prevented
him from attending work at times. (Pl. Dep. at 215). After periods of
hard work, he claims he experienced heavy cramps in his stomach and
needed to immediately use the washroom; he would then experience weakness
and insomnia. (Id.).
E. Plaintiff's Supervisors' Knowledge, or Lack Thereof, of Plaintiff's
Although Plaintiff does not remember whether or not he told any
employee at the City about his diagnosis, he thinks he would have tried
to have kept it quiet. (Pl. Dep. at 74). He did not recall telling any
ironworkers he was suffering from a mental impairment because "that is
the last thing you want them to know." (Pl. Res. ¶¶ 20, 21).
Plaintiff never discussed his medical or health condition with
Kaderbek. (Pl. Res. ¶ 23). Boskovich knew nothing about Plaintiff's
alleged disability. (Pl. Res. ¶ 24). Pavichevieh stated he knew
nothing about Plaintiff's mental health, and believed Plaintiff was as
sane as he was. (Pl. Res. ¶ 25). Pavichevich also does not recall
being told about what medications Plaintiff was taking. (Pl. Res. ¶
Plaintiff never informed Gaik he was suffering from a disability (Pl.
Res. ¶ 17); however, Pavichevieh claims Gaik knew Plaintiff had
stomach problems and was prone to take oil work every once in a while.
(Pavichevich Dep. at 83-84). Plaintiff also never informed Gaik he had a
sickness or medical condition that would affect his ability to call in
when he would be absent from work, nor did he ask that he not be required
to call in. (Pl. Res. ¶ 19).
F. The Collective Bargaining Agreement
A CBA was in effect between Local 1 and the City of Chicago, from July
1, 1995 through June 30, 1999. (Pl. Res. ¶ 45). Plaintiff was covered
by the CBA. (Id.).
The CBA states at Section 2.1 "The union recognizes that certain
rights, powers, and responsibilities are solely and exclusively vested in
the employer . . . including the right to suspend, discipline, or
discharge for just cause." (Pl. Res. ¶ 46). Furthermore, at Section
8.4, entitled "Break in Service," the CBA states "Notwithstanding the
provision of any ordinance or rule to the contrary, continuous service of
an employee is broken, the employment relationship is terminated, and the
employee shall have no right to be rehired, if the employee . . . is
absent for five (5) consecutive work days without notifying the