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ARTICLE · 05 NOVEMBER 2024

Seventh Circuit: A "Do-Over" Is Not An Accommodation

Seyfarth Shaw LLP
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The Seventh Circuit's recent decision – holding that an employee's request for a second chance that allows them to change their behavior to meet employer expectations...

United StatesEmployment and HR
Lukas T. Huldi
Lukas T. Huldi
Erin Dougherty Foley
Erin Dougherty Foley
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Seyfarth Synopsis: The Seventh Circuit's recent decision – holding that an employee's request for a second chance that allows them to change their behavior to meet employer expectations is not a "reasonable accommodation" under the ADA – clarifies the standard for employers.

The Seventh Circuit Court of Appeals released a decision on October 17, 2024, clarifying that an employee's request for a second chance at meeting job performance standards is not a "reasonable accommodation" under the ADA. Schoper v. Board of Trustees of W. Ill. Univ., 2024 WL 4508970 (7th Cir. 2024).

Professor Sarah Schoper was a tenure-track professor at the Western Illinois University when she suffered a pulmonary embolism that caused a traumatic brain injury. Schoper developed physical disabilities and high-functioning mild aphasia – a condition that causes difficulty retrieving words. Following her neurologist's advice that intellectual activity would speed her recovery, Schoper

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