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David Feldman v. Olincorporation, et al

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ARGUED APRIL 19, 2012-

Before EASTERBROOK, Chief Judge, and FLAUM and WOOD, Circuit Judges.

In May 2007, David Feldman was working as a tractor operator on the day shift at a manufacturing facility then owned by Olin Corporation. Because of Feldman’s medical problems with fibromyalgia and sleep apnea, his doctors had advised him to work regular day positions, without rotation and overtime. This was possible until Olin realigned its work force, causing Feldman’s position to change from one limited to daytime work to one that required rotation among day, evening, and night shifts. Although he tried to work under the new regime for a few weeks, Feldman found that his fatigue and pain made it impossible for him to do so. When he presented Olin with a medical restriction from the shift rotation, Olin promptly laid him off. It did not place him in a different position, because (it asserted) no other positions were available that did not require overtime or flextime. Over the course of the next several months, Olin continued to refuse to place Feldman in another spot, maintaining that either flex-time or overtime were essential functions for everything that was available. Finally, a straight-day position came open in December 2007; Feldman successfully bid for it. Since then, Feldman has continued working at the plant.

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