On September 20, 2017, the U.S. Court of Appeals for the Seventh Circuit issued a significant opinion for employers in Severson v. Heartland Woodcraft, Inc., No. 15-3754 (7th Cir. Sept. 20, 2017), holding that “[t]he ADA is an antidiscrimination statute, not a medical-leave entitlement.”  The Seventh Circuit joins the Tenth Circuit in rejecting the EEOC’s position that an extended leave of absence may be required as a reasonable accommodation under the ADA.  In Hwang v. Kansas State University, 753 F.3d 1159 (10th Cir. 2014), former Tenth Circuit Judge Neil Gorsuch (now a Supreme Court Justice) found that the plaintiff’s request for a leave of absence beyond the six months provided by the defendant’s leave policies was not a reasonable accommodation under the ADA.

To read more about this important decision, click here.

The Severson decision is a huge win for employers in the Seventh Circuit.  Stay tuned to find out if Severson will file a petition for review with the U.S. Supreme Court.  However, if he does, it is safe to assume that he has at least one foe (Justice Gorsuch) waiting to weigh in.

Photo of Jody Kahn Mason Jody Kahn Mason

Jody Kahn Mason is a Principal in the Chicago, Illinois, office of Jackson Lewis P.C. and is a contributor to the Disability, Leave & Health Management Blog. She is an experienced employment law litigator and defends employers before federal and state courts and…

Jody Kahn Mason is a Principal in the Chicago, Illinois, office of Jackson Lewis P.C. and is a contributor to the Disability, Leave & Health Management Blog. She is an experienced employment law litigator and defends employers before federal and state courts and administrative agencies throughout the Midwest.  She also regularly provides advice and counsel to clients regarding challenges relating to the implementation of the ADA, FMLA, and similar state and local laws.

Learn more about Ms. Mason on the Jackson Lewis website.