7th Circuit says disability harassment is actionable, but employee didn't prove it

Several years ago, an Illinois court held for the first time that the Illinois Human Rights Act's (IHRA) ban on disability discrimination includes hostile environment claims. (See "Illinois court says IHRA prohibits harassment based on disability" on pg. 1 of the July 2016 issue of Illinois Employment Law Letter.) Recently, the 7th Circuit reached the same (unsurprising) conclusion with regard to harassment claims under the federal Americans with Disabilities Act (ADA).

Getting out of hand

Brigid Ford worked as a deputy in the Marion County (Indiana) Sheriff's Office until she seriously injured her hand while she was on duty. The injury caused permanent damage, and she never recovered full use of her dominant right hand. After a light-duty stint, she was still unable to perform the duties of a deputy, so the sheriff's office offered, and Ford accepted, a demotion to a job as a civilian jail visitation clerk.

Ford says her coworkers harassed her because of her disability for nearly three years after she was demoted. She also claims she was denied promotions and reasonable accommodations. Because the facts and the legal issues in the case are complex, we've focused only on her subsequent ADA harassment claims.