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Former Employee Alleges University Discriminated Based on Disability

COOK COUNTY RECORD

Sunday, November 24, 2024

Former Employee Alleges University Discriminated Based on Disability

Federal Court
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A former employee has filed a lawsuit against a prominent university, alleging discrimination and retaliation under federal disability laws. On August 30, 2024, Chaim Garfinkel filed a complaint in the United States District Court for the Northern District of Illinois against the University of Illinois.

Garfinkel's lawsuit claims that the University of Illinois violated the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). According to court documents, Garfinkel has been employed by the university since January 3, 2006, and currently holds the position of Director of Human Resources and Information Systems. He suffers from depression, anxiety, and alcoholism—conditions recognized as disabilities under ADA. Despite his disabilities, Garfinkel asserts that he was fully capable of performing his job duties with reasonable accommodations.

The plaintiff alleges that his troubles began in 2018 when he took FMLA leave to address his alcoholism. Upon returning from rehab, he was immediately notified of his termination due to "performance" issues. However, after appealing this decision based on satisfactory performance records, he was reinstated. Since then, Garfinkel has been approved for intermittent FMLA leave due to his mental health conditions.

In October 2023, Garfinkel submitted paperwork to renew his intermittent FMLA leave which included a new limitation recommended by his doctor: not working more than eight hours per day. Shortly after this submission, on November 20, 2023, he was informed by Sean Waite (Associate Chief HR Officer) and HR Representative Nic Kazinski that his department was being downsized and that his role would be eliminated by December 4, 2024. However, Garfinkel contends that he is the only employee affected by this so-called downsizing.

Garfinkel's complaint outlines multiple counts against the university: disability-based discrimination, failure to accommodate under ADA, disability-based harassment, retaliation under ADA for requesting accommodations and utilizing FMLA leave. The plaintiff argues that these actions are clear instances of discrimination masked as departmental changes.

Garfinkel seeks various forms of relief from the court including back pay with interest, front pay, loss of benefits compensation, compensatory and punitive damages as well as reasonable attorney fees and costs. The case is being handled by Nathan C. Volheim from Sulaiman Law Group Ltd., while no specific defense attorneys have been named yet.

The case is presided over by Judge Amrith Kaur Aakre with Case ID: 1:24-cv-07927.

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