United States District Court, C.D. Illinois, Springfield Division
SCHANZLE-HASKINS, U.S. MAGISTRATE JUDGE
matter comes before the Court on Defendants' Central
Management Services (CMS), Bryon Meunch, and Deb Harvey's
Motion to Dismiss (d/e 10) (Motion). The parties consented to
proceed before this Court. Consent to the Exercise of
Jurisdiction by a United States Magistrate Judge and
Reference Order entered May 25, 2018 (d/e 16). For the
reasons set forth below, the Motion is ALLOWED in part and
DENIED in part.
Stewart Hansen alleges that Defendants discriminated against
him and retaliated against him in violation of the Americans
with Disabilities Act (ADA) and the Family Medical Leave Act
(FMLA). Complaint (d/e 1); 29 U.S.C. § 2615
(FMLA); 42 U.S.C. § 12112 (ADA). Defendants move to
dismiss for failure to state a claim under Federal Rule of
Civil Procedure 12(b)(6). For purposes of the Motion, the
Court assumes well-pleaded allegations in the Complaint to be
true and draws all inferences in favor of Hansen. See
Franzoni v. Hartmax Corp., 300 F.3d 767, 771
(7th Cir. 2002). The exhibits attached to the
Complaint are part of the Complaint for all purposes.
Fed.R.Civ.P. 10(c). The Complaint alleges the following.
worked for CMS from January 1, 1990 to October 14, 2016. From
January 1, 2016 until September 12, 2016, he worked as a
systems analyst in its Department of Innovation and
Technology (Department). CMS is an agency of the State of
Illinois. Hansen suffers from bipolar disorder, depression,
and anxiety. Defendant Meunch was Hansen's supervisor in
the Department, and Defendant Harvey was Meunch's
supervisor. In late April or early May 2016, Hansen filed
FMLA requests for accommodations due to his mental disorders.
Hansen requested permission to be tardy or absent from work
due to his condition and necessary appointments to treat his
condition. CMS approved his requests for accommodation.
Hansen alleges that he was able to perform his job
satisfactorily with these accommodations. See
Complaint, at 4 and Collective Exhibit to the Complaint
(Collective Exhibit) at 6-13. 18.
Hansen filed the requests, Meunch “stepped out of his
office to the central work area of my unit and to the other
employees loudly cursed at me and proceeded to reprimand me
throughout the day.” Complaint, at 4. Hansen
complained to his union representative, and Meunch was
disciplined for his behavior. Thereafter, Meunch held Hansen
to a higher standard than his co-workers and
“aggressively continued his harassment” of
was tardy on April 14 and 15, 2016 due to his medical
conditions. The tardy arrivals on those two days were
approved as part of his accommodation. Defendants, however,
subjected Hansen to progressive discipline for these two
tardy arrivals. Hansen does not allege the result of the
disciplinary proceeding. Complaint, Collective
Exhibit at 14-20.
alleges that Meunch and Harvey continued to harass him on a
daily basis. Complaint, Collective Exhibit, at
before August 11, 2016, Hansen's girlfriend dropped him
off at work in a car that Hansen rented. The police stopped
the car and searched the girlfriend's backpack. The
officers found illegal drugs and drug paraphernalia. The
officers also found an empty container for prescription
medication with Hansen's name on it. Complaint,
Collective Exhibit, at 28 of 33.
of the Illinois State Police then came to Hansen's
workplace. Defendant Harvey directed Hansen to talk to
Officers of the Illinois State Police. The Police Officers
found nothing on his person, and questioned him. When Hansen
said he wanted to speak with an attorney, the officers
arrested him and took him to the Sangamon County, Illinois,
jail. Hansen was charged with possession of illegal drugs and
drug paraphernalia. Complaint, Collective Exhibit,
at 28 of 33.
suspended Hansen indefinitely on September 12, 2016, for
violation of CMS rules and policies because he possessed
illegal drugs and drug paraphernalia. The suspension was a
discharge under Illinois unemployment law.
Complaint, Collective Exhibit, at 28 of 33. Hansen
alleges that Meunch and Harvey concocted the story of drug
possession to harass Hansen because he asserted his rights
under the ADA and FMLA. Complaint, at 5 and
Collective Exhibit, at 3. Hansen also alleges that he left
“voluntarily due to the on-going harassment and hostile
work environment, and the loss of wages that were held back
from me for several months.” Complaint, at 5.
January 5, 2017, the Sangamon County, Illinois, State's
Attorney dropped all charges against Hansen.
Complaint, Collective Exhibit at 28 of 33.
his indefinite suspension, Hansen filed for unemployment
benefits. Representatives of CMS opposed his application for
unemployment benefits. CMS took the position in the
unemployment proceedings that Hansen was fired for cause. CMS
contended that Hansen violated its rules and policies by
possessing illegal drugs and drug paraphernalia.
Complaint, at 6, and Collective Exhibit, at 28 of
33. On May 2, 2017, an Illinois Administrative Law Judge
determined that ...