United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION AND ORDER
Z. Lee United States District Judge.
Vivian Wilson has sued Defendants Integrated Medical Systems,
Inc.,  Integrated Medical Systems International,
Inc. (“IMS”), and the University of Illinois
Hospital and Health Sciences System,  alleging that Defendants
violated the Americans with Disabilities Act
(“ADA”), 42 U.S.C. § 12132, and the
Rehabilitation Act, 29 U.S.C. § 794(a). Specifically,
Wilson alleges that Defendants discriminated and retaliated
against her after she suffered injuries that required her to
take a leave of absence from work. Each Defendant has moved
for summary judgment. For the reasons stated herein, the
Court grants both motions.
Vivian Wilson was hired by Defendant IMS in May 2012.
Pl.'s Resp. IMS's SOF ¶¶ 1, 16, ECF No. 76.
IMS employs individuals who perform sterile processing
services on operating room equipment, typically in hospitals.
Id. ¶ 6. Although these employees may work in
hospitals in various locations around the country, they are
paid by IMS, and IMS controls all benefits and scheduling.
Id. ¶¶ 8, 14. In the course of her
employment with IMS, Wilson was placed at the University of
Illinois Medical Center, located in Chicago, Illinois.
Id. ¶ 1.
September 2, 2012, Wilson was injured outside of work.
Id. ¶ 22. She sustained injuries to both hands,
as well as her right thigh, and was hospitalized until
September 4. Id. ¶¶ 23-24. Wilson was away
from work throughout the month of September, but she, her
son, and her doctor were in contact with her supervisor at
IMS. Id. ¶¶ 26-32.
September 26, 2012, Wilson's doctor informed IMS that
Wilson would undergo surgery on her left hand on September
27. He also noted that Wilson would be subject to the
following restrictions after the procedure: “no use of
left hand for approx. 8 weeks. After 8 weeks, 5 lb limit x 2
weeks.” Id. ¶ 32.
terminated Wilson's employment effective October 1, 2012,
and Wilson received notice on October 3. Id.
¶¶ 37-38. Despite the termination, Wilson's
doctor continued to send updates to IMS about her condition
and lifted all work restrictions on February 20, 2013.
Id. ¶¶ 40, 44.
filed a charge of discrimination with the Equal Employment
Opportunity Commission against Integrated Medical Systems,
Inc. on November 16, 2012. Id. ¶ 45. This
charge (“first charge”) alleged disability
discrimination and stated the following:
I began my employment with Respondent on or around May 7,
2012. My most recent position was Sterile Processing
Supervisor. Respondent was aware of my disability. I was
denied reasonable accommodation. Subsequently, I was
discharged. I believe that I have been discriminated against
because of my disability, in violation of the Americans with
Disabilities Act of 1990, as amended.
IMS's SOF, Ex. 27, ECF No. 68. The first charge listed
the last date of discrimination as October 3, 2012-the day
Wilson received notice that she had been terminated.
EEOC issued Wilson a notice of right to sue on May 20, 2013.
Pl.'s Resp. IMS's SOF ¶ 48. Subsequently, she
filed a second charge of discrimination with the EEOC on July
29, 2013. Id. ¶ 49. This charge (“second
charge”) added the University of Illinois Hospital and
Health Sciences System as an employer. Id. The
second charge stated the following:
I was placed by Respondent Integrated with Respondent
University of Illinois Hospital on or around May 7, 2012, for
a contract position as a Sterile Processing Supervisor. From
September 3, 2012, through and including October 3, 2012, I,
and people acting on my behalf, requested a reasonable
accommodation of a medical leave to recover from surgery and
severe injuries I had suffered. I was fired on October 3,
2012. I believe I have been discriminated against based on my
disability and/or the perception of my disability and/or the
record of my disability and/or retaliated against for having
requested a reasonable accommodation and/or for otherwise
having asserted my rights under the Americans with
IMS's SOF, Ex. 30. Unlike the first charge, in the second
charge Wilson checked the “retaliation” box on
the EEOC form. Id. The charge also listed the last
date of discrimination as October 3, 2012. Pl.'s Resp.
IMS's SOF ¶ 51. The EEOC issued Wilson a second
notice of right to sue based on the second charge on April
25, 2014. Id. ¶ 52.
initiated this lawsuit by filing a complaint on July 25,
2014. Id. ¶ 53 The complaint alleges
discrimination and retaliation under both the ADA (Counts I
and II) and the Rehabilitation Act ...