United States Seventh Circuit

In an action alleging violations of the Americans with Disabilities Act (ADA), summary judgment for defendant is affirmed where: 1) plaintiff's alteration at the summary judgment stage of its claim to name AIDS, rather than HIV, as the basis for the claim, was too late to give defendant fair notice of the nature of the claim; 2) evidence regarding the effect of AIDS on complainant's life activities was therefore properly excluded; and 3) complainant was not a "qualified individual" under the ADA because she indicated she had a lifting restriction which could not have been accommodated by defendant.

Appellate Information

• Argued 04/04/2007
• Decided 10/06/2008
• Published 10/06/2008

Judges

• SYKES, Circuit Judge., Before KANNE, WILLIAMS, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Paula R. Bruner (argued), Equal Employment Opportunity Commission, Washington, DC, for Plaintiff-Appellant., James D. Esseks, American Civil Liberties Union, New York, NY, Amicus Curiae.


• For Appellees:
  
• Terry L. Moore (argued), Herrick & Hart, Eau Claire, WI, for Defendant-Appellee.