Hanson v. Caterpillar, Inc., No. 11-3292 (7th Cir. 2012)
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In 2004 Caterpillar hired Hanson as a supplemental assembler. Under the plant’s collective bargaining agreement, supplemental employees work 40 hours per week on a temporary but indefinite basis. They are not entitled to seniority rights and benefits in the same way as full-time employees. Two weeks into her stint as an assembler, Hanson injured her neck while installing a hydraulic hose. Hanson did not seek medical attention nor did she report her injury to plant management until five weeks later. Hanson claims that a union representative cautioned her against doing so. She was temporarily placed on light-duty work, filing papers. Her temporary position ended, but a doctor Hanson’s progress had plateaued and that her medical restrictions would continue indefinitely. Although another doctor indicated that she was fit to return to work, Hanson’s employment was terminated. In her suit under the Americans with Disabilities Act, 42 U.S.C. 12101, the district court granted summary judgment for Caterpillar, reasoning that Hanson was not a “qualified individual with a disability.” The Seventh Circuit affirmed. Caterpillar placed her in three different positions, all within her medical restrictions and did not regard Hanson as impaired as to a broad range of jobs.
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