Serednyj v. Beverly Healthcare LLC, No. 10-2201 (7th Cir. 2011)
Annotate this CaseThe company employed plaintiff as activity director in a nursing home in from August 2006 to March 2007. In January 2007, plaintiff learned she was pregnant. Her doctor placed her on bed rest for two weeks, and, later, placed her on light duty restrictions. The company denied a request for accommodation and terminated plaintiff, who did not qualify for leave under the Family Medical Leave Act The district court entered judgment for the company under Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act, the Americans with Disabilities Act, and claims alleging retaliation. The Seventh Circuit affirmed. The company's modified work policy was not direct evidence of discrimination and complied with the PDA because it treats nonpregnant employees the same as pregnant employees; both are denied an accommodation of light duty work for non-work-related injuries, which is all the PDA requires. Plaintiff did not identify a similarly situated, nonpregnant employee who was treated more favorably. Her physical impairment did not substantially limit a major life activity; there was no evidence that the company misperceived the nature of her condition, or denied her request for light duty work based on a stereotype of pregnant women suffering from complications.
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