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September 11, 2002


The opinion of the court was delivered by: Gottschall, District Judge.


Plaintiff Jon Arnold pursues this disability discrimination action against the Cook County Adult Probation Department (the "County"), alleging both disparate treatment and failure to make reasonable accommodations in violation of the Rehabilitation Act of 1973 ("Act"), 29 U.S.C. § 701 et seq.*fn1 In a previous order, this court granted in part and denied in part the County's motion for summary judgment. Arnold v. County of Cook, No. 98 C 8400, 2001 WL 1894215, 2001 U.S.Dist. LEXIS 22647 (N.D.Ill. Sept. 25, 2001). The County now moves for reconsideration and/or clarification of that order. For the reasons set forth below, the motion is granted in part and denied in part.


A prerequisite to Arnold's claims is that he have a disability. The Act defines the term "disability" as "a physical or mental impairment that substantially limits one or more major life activities." 29 U.S.C. § 705(9)(B). Arnold alleges that he was substantially limited in driving, pushing, pulling, standing, sitting, bending, lifting, carrying, and walking.*fn2 Defendants argued in their motion for summary judgment that Arnold was not disabled because these activities were not "major life activities" and because Arnold's limitations were not "substantial." This court rejected that argument, holding that pushing and pulling are major life activities and that Arnold had raised a genuine dispute of fact as to whether he was substantially limited by his back and neck conditions in these two activities. Arnold, 2001 WL 1894215, at ___ _ ___, 2001 U.S.Dist. LEXIS 22647, at *8-13.

The County now argues that these determinations undermine Arnold's reasonable accommodation claim. The County's argument rests on the following premises: (1) the only accommodation requested by Arnold was a limit on his driving duties; (2) driving is not a major life activity and Arnold's driving limitations were not substantial; and (3) a reasonable accommodation claim fails unless the requested accommodation is directed toward a major life activity impairment. The third premise, at least,*fn3 is false.

This is not to say that the County's position is without case support. In Felix v. New York City Transit Authority, 154 F. Supp.2d 640 (S.D.N.Y. 2001), the plaintiff, a transit authority worker, alleged that her post-traumatic stress disorder ("PTSD") substantially impaired her sleeping and prevented her from working in the subway. Although sleeping qualifies as a major life activity, subway work does not. The plaintiff's only requested accommodation was a light duty position out of the subway. The court held that the "failure to allege a causal connection, or nexus, between the qualifying limitation and the accommodation requested [was] fatal to plaintiffs [reasonable accommodation] claim." Id. at 662.

This court respectfully disagrees with Felix. A simple hypothetical demonstrates. Suppose an office worker has severe allergies to a wide range of organic substances. As a result, the worker's ability to care for herself, which is a major life activity under applicable regulations, is substantially impaired in multitudinous ways. One relatively minor effect of her allergies is that she cannot touch rubber bands. Her employer refuses to allow her to substitute metal binder-clips for rubber bands, even though they are equally effective and the cost difference is slight. That using rubber bands does not qualify as a major life activity should not undermine her reasonable accommodation claim. Indeed, it is partly because the rubber band limitation is minor that not accommodating it is unreasonable. The only nexus required between the limitation that qualifies an individual as disabled and the limitation for which accommodation is requested is that both be caused by a common physical or mental condition.

This causal connection, and not the one announced in Felix, follows from the statutory language. The ADA provides that "[n]o covered entity shall discriminate against a qualified individual with a disability because of the disability." 42 U.S.C. § 12112(a). The term "discriminate" includes "not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability." Id. § 12112(b)(5)(A). And, as noted above, "disability" is defined as "a physical or mental impairment that substantially limits one or more major life activities." 29 U.S.C. § 705(9)(B). Failure to accommodate a limitation constitutes discrimination "because of the disability" only if the limitation is caused by the disability. Felix goes a step further, essentially equating the term "limitations" in the reasonable accommodation provision, § 12112(b)(5)(A), with the phrase "substantial[] limit[ation] [of] one or more major life activities" in the definition of disability, § 705(9)(B). But the only thing the two phrases have in common is the word limit. The reasonable accommodation provision includes nothing to suggest that it applies only to "substantial" limitations or limitations that impact "major life activities."

The Second Circuit recognized this point well before Felix. In Buckley v. Consolidated Edison Co., 155 F.3d 150 (2d Cir. 1998) (en banc), the defendant-employer drug-tested known former substance abusers more frequently than other employees. The plaintiff was a former user whose bladder condition made it impossible for him to urinate in public or on command as required for the drug test. The plaintiff disclaimed any contention that urinating in public or on command was a major life activity, relying instead on his status as a former substance abuser. Id. at 154, 156. The court held that the plaintiff failed to state a reasonable accommodation claim because "a neurogenic bladder condition neither is nor results from the only impairment here alleged to be a disability within the meaning of the ADA, and . . . it is the neurogenic bladder condition that [defendant] refused to accommodate and that led to the termination of [plaintiff]'s employment." Id. at 156 (emphasis added). The emphasized language strongly suggests that had the bladder condition been caused by the plaintiff's former drug abuse, the outcome would have been different. In other words, the Second Circuit requires only that the limitation to be accommodated result from the disability, not that it implicate a major life activity.

This court rejects the County's argument that Arnold's reasonable accommodation claim must be dismissed.


To establish a reasonable accommodation claim, Arnold must show that he was a "qualified individual with a disability," which is defined as an "individual with a disability who, with or without reasonable accommodation, [could] perform the essential functions of the employment position that such individual held." Id. § 12111(8). The County argued on summary judgment that Arnold "should be barred from claiming that he is a qualified individual with a disability because he previously represented, when applying for disability benefits, that he was unable to work at all." (Mem. at 21 n. 9.) Arnold responded by explaining that his condition worsened after he went out on leave and before he applied for disability benefits in December 1998. (Resp. at 25 n. 13.) In its summary judgment order, this court held that a reasonable factfinder could conclude that Arnold's condition had in fact deteriorated during this time period and therefore held that Arnold previously may have been a "qualified individual." 2001 WL 1894215, at ___ _ ___, 2001 U.S.Dist. LEXIS 22647, at *13-15.

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