Povey v. City of Jeffersonville, No. 11-1896 (7th Cir. 2012)
Annotate this CaseWhile working at an animal shelter, Povey injured her wrist moving a dog. She had surgery and underwent physical therapy. Jeffersonville’s Human Resources Director explained that the shelter did not have light duty positions. Povey’s supervisor nonetheless limited her duties and exempted Povey from working weekends because it would entail heavy lifting. Co-workers complained. Although an investigation concluded that there was no illegal harassment, Povey reported that she felt harassment “behind her back” and filed a complaint. Jeffersonville then received medical notice of Povey’s permanent physical restrictions which prohibited repetitive hand movement or lifting, pushing or pulling more than five pounds with her right arm. Povey’s employment was terminated. Povey sued under 42 U.S.C. 12101, alleging violation of the Americans with Disabilities Act. The district court granted Jeffersonville summary judgment, finding that Povey did not demonstrate that her wrist injury impaired her from completing daily tasks; her perceived impairment foreclosed her from accepting a broad range or class of jobs; she was perceived unable to perform manual tasks; she was a qualified individual as defined under the ADA; or that she was terminated in retaliation for exercising her rights under the ADA. The Seventh Circuit affirmed.
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