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Michael A. Sanders v. Illinois Department of Healthcare and Family Services

April 17, 2012

MICHAEL A. SANDERS, PLAINTIFF,
v.
ILLINOIS DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES, DEFENDANT



The opinion of the court was delivered by: Sue E. Myerscough, U.S. District Judge:

E-FILED

Tuesday, 17 April, 2012 03:49:25 PM

Clerk, U.S. District Court, ILCD

OPINION

This cause is before the Court on the Motion to Dismiss (d/e 7) filed by Defendant Illinois Department of Healthcare and Family Services (HFS). In his Complaint, Pro Se Plaintiff Michael A. Sanders alleges that Defendant discharged him from employment in violation of the Americans with Disabilities Act. 42 U.S.C. §§ 12101 et seq. (ADA). For the reasons that follow, Defendant's Motion to Dismiss is GRANTED.

I. FACTS

On December 21, 2011, Plaintiff filed his Complaint against Defendant HFS. The Complaint alleges as follows.

At all times relevant to this case, Plaintiff was employed as a data processing technician with HFS. Plaintiff, as an employee of state government, and HFS are bound to the terms of the American Federation of State, County and Municipal Employees (AFSCME) contract. The AFSCME contract contains an Affirmative Attendance Policy Memorandum of Understanding (AFSCME MOU).

On March 16, 2010, "Plaintiff began employment at HFS as a result of a layoff which violated the terms of the AFSCME contract." Prior to the layoff from his previous job, Plaintiff was unable to sleep for two or three consecutive days because of work-related stress due to harassment. Plaintiff was prescribed Ambien to help him sleep.

Plaintiff's work-related stress continued unabated after he began working at HFS. Plaintiff's physician doubled Plaintiff's dosage of Ambien.

Prior to working for HFS, Plaintiff worked for an unidentified unit of state government that operated 24 hours a day, 7 days a week. While working at this unnamed agency, Plaintiff could report unscheduled absences, without disciplinary repercussions, to his employer for the 17 consecutive hours beginning after the end of his normal work shift.

As stated, on March 16, 2010, Plaintiff was placed at HFS. HFS operates only 8 hours a day, 5 days a week. At HFS, Plaintiff was required to report unscheduled absences within one hour of the start of his normal work shift.

Between May 4, 2010 and September 3, 2010, "Plaintiff accumulated 7 disciplinary infractions, under the AFSCME MOU, for reporting unscheduled absences more than 1 hour after the start of his normal work shift."

On October 27, 2010, Plaintiff participated in a telephone conference, apparently regarding Case No. 09-3207 (another case involving Plaintiff) with United States Magistrate Judge Charles Evans*fn1 ; Assistant Attorney General Amy Romano; and Plaintiff's counsel in another case, James Baker. During this telephone conference, attorney Baker withdrew as legal counsel for Plaintiff at Plaintiff's request and with the Court's approval. The Court then granted a partial stay of the proceedings to allow Plaintiff to retain new ...


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