Legal Question in Administrative Law in Illinois

Disability Discrimination?

My fiance has a disability that creates a noticable limp when he walks and slows his stride. He's been employed at a grocery chain for 23 years. He is an asst. manager and union. Recently the store manager has been scheduling him strictly closing hours & understaffing the rest of the store his shift creating a situation where he is on the checkouts all night, leaving his other tasks unfulfilled. They have now put him on probation for 90 days stating he is not completing his work. They are setting him up for just this. Although they cannot fire him as he is union, I feel they are making it very bad for him so he will quit. Knowing he has this disability, are they discriminating against him? Is this a plausible case to file a greivence? He currently is working 6 days a week, 10 hours or more a day. Many times he spends up to 7 hours on the checkouts. No other shift manager works checkouts to this extent. No other shift manager is made to stand (clearly a conflict of his disability) for all these hours on registers nor are the other shifts grossly understaffed. It is creating sever depression for him as he is in fear for his livelyhood. Any assistance you can give is GREATLY appreciated. I've read some of the ADA laws briefly.


Asked on 7/10/07, 11:49 pm

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: Disability Discrimination?

Hello. I think your fiance is being denied proper accommodations since he has a disability. In my opinion he should exhaust all "in house" remedies before he should consider filing a lawsuit for denial of accommodations. The fact that he is being treated so differently after 23 years of faithful service should work in his favor. I will be happy to answer any additional questions you may have.

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Answered on 7/11/07, 10:38 am


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