United States District Court, C.D. Illinois, Springfield Division
MYERSCOUGH UNITED STATES DISTRICT JUDGE.
City of Lincoln, Illinois has filed a Motion for Summary
Judgment (d/e 17). Because genuine issues of material fact
remain, the Motion is DENIED.
Kevin Logan worked for Defendant as a laborer in
Defendant's Streets and Alleys Department until Defendant
terminated Plaintiff's employment in April 2014. In
November 2015, Plaintiff filed a lawsuit against Defendant
under the Americans With Disabilities Act (ADA), 42 U.S.C.
§ 12101. Plaintiff alleged that Defendant violated the
ADA by failing to engage in the interactive process, refusing
to provide Plaintiff with a reasonable accommodation, and
terminating Plaintiff's employment because of his
April 2017, Defendant filed its Motion for Summary Judgment.
Defendant asserts that Plaintiff cannot establish that he is
a qualified individual with a disability under the ADA or
that his employment was terminated because of his disability.
response, Plaintiff states that he is not claiming that he
was fired because of a disability. Pl. Resp. at 13, n. 3 (d/e
19). Instead, Plaintiff argues that Defendant failed to
accommodate Plaintiff's disability and, had Defendant
made the accommodation, Plaintiff's employment would have
not have been terminated. Id. The dispute on summary
judgment centers on whether operating commercial vehicles and
equipment/machinery are essential functions of the laborer
position held by Plaintiff.
Court takes the following facts from the parties'
Statement of Undisputed Facts and other materials in the
record. See Fed.R.Civ.P. 56(c)(3) (“The court
need consider only the cited materials, but it may consider
other materials in the record.”).
February 1999, Defendant hired Plaintiff to work as a laborer
in its Streets and Alleys Department. The duties and
responsibilities of the street department laborer position in
place throughout Plaintiff's employment with Defendant
are contained in the Position Description, which provides as
DISTINGUISHING FEATURES OF WORK:
Under direct supervision, performs maintenance and repair of
roads, bridges, signs, road striping, and related functions
by semiskilled operation of tools, equipment, and light and
EXAMPLES OF WORK BUT NOT LIMITED TO:
1. Repairs, replaces and patches bituminous, concrete and
other road surfaces; repairs and clean[s] culverts, storm
grates, gutters[;] fills low places and ruts in shoulders;
repair and paint guard rails; performs hand mowing and
trimming; straightens, erects and cleans traffic signs and
signals; trim and remove trees; plow snow, salt roads and
shovel [handicap] ramps.
2. Operate trucks, tractors, mowing machines, snow plows,
salt spreaders, compressors, motor graders, loaders, backhoes
and other equipment as assigned.
3. Assist in servicing equipment such as trucks, tractors,
mowing machines, snow plows, salt spreaders, compressors and
other street equipment; lubricates and make[s] minor
adjustments, and minor reports of assigned equipment.
4. Performs routine housekeeping duties by cleaning,
maintaining stock piles of materials and other task[s]
associated with the general care of work area and equipment;
performs normal security measures in work area.
5. Directs traffic where road repairs are being made.
6. Perform other duties as required or assigned which are
reasonably within the scope of the duties enumerated above.
addition, under the heading “Desirable Requirements,
” the Position Description lists the following:
“Requires possession of an Illinois Class ‘B'
commercial driver[']s license with appropriate