633 F.3d 1144 (7th Cir. 2011), 10-1017, Joren v. Napolitano

Docket Nº:10-1017.
Citation:633 F.3d 1144
Opinion Judge:PER CURIAM.
Party Name:Verlaine JOREN, Plaintiff-Appellant, v. Janet A. NAPOLITANO, Secretary of Department of Homeland Security, Defendant-Appellee.
Attorney:Ernest Yi Ling, Attorney, Office of the United States Attorney, Chicago, IL, for Defendants-Appellees.
Judge Panel:Before ROVNER, EVANS, and WILLIAMS, Circuit Judges.
Case Date:February 07, 2011
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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633 F.3d 1144 (7th Cir. 2011)

Verlaine JOREN, Plaintiff-Appellant,

v.

Janet A. NAPOLITANO, Secretary of Department of Homeland Security, Defendant-Appellee.

No. 10-1017.

United States Court of Appeals, Seventh Circuit.

February 7, 2011

Submitted Sept. 23, 2010.[*]

Rehearing and Rehearing En Banc Denied March 9, 2011.

Ernest Yi Ling, Attorney, Office of the United States Attorney, Chicago, IL, for Defendants-Appellees.

Before ROVNER, EVANS, and WILLIAMS, Circuit Judges.

PER CURIAM.

Verlaine Joren sued the Transportation Security Administration (TSA), alleging that she was forced to quit her job as a security screener at Midway Airport after her supervisor discriminated against her based on her disability, age, and gender and retaliated against her for settling a previous complaint about the discrimination. The district court granted the TSA's motion to dismiss, concluding that Joren failed to state a claim for relief under Title VII, 42 U.S. C. §§ 2000e to 2000e-17, and that as a former employee of the TSA, she

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was ineligible to seek redress under the Rehabilitation Act, see 29 U.S. C. §§ 791, 794.

Although Joren alleges discrimination based on gender, age, and disability, the facts recounted in her second amended complaint— which we accept as true for purposes of this appeal, see Tamayo v. Blagojevich, 526 F.3d 1074, 1081 (7th Cir.2008)— focus on her disability. Joren, who was 63 years old when she filed this suit, has a blood-clotting disorder that causes chronic leg pain and bleeding and that occasionally limits her ability to stand or walk. She asked her supervisor, Arthur Bell, to accommodate this condition by modifying her schedule, assigning her to light-duty tasks, or allowing her to relocate from Midway to an airport in Florida where " weather conditions might be more hospitable to her medical condition." But Bell, skeptical of Joren's condition, rejected the proposed accommodations. Instead, according to Joren, he refused to recognize her seniority, required her to participate in excessive and unnecessary job training, contacted her doctor without her permission, and added notations to her personnel file that would derail her efforts to transfer to Florida. And when Joren came to work in December 2003 wearing a temporary heart monitor that required her to maintain a safe distance from x-ray machines, Bell allegedly refused to give her a temporary reassignment without a letter from a doctor quantifying what was meant by " safe distance."

Joren maintains that her employment situation became untenable in January 2004 when Bell summoned her to the airport for a meeting with TSA officials from Washington. At the meeting Bell confronted Joren regarding an unspecified " wrongful situation" apparently relating to claims Joren had filed with the Social Security Administration. This conversation greatly distressed Joren, so she resigned. Later, Bell refused to send Joren the paperwork she needed to maintain her health-insurance coverage.

Joren's operative complaint represents her third try after the district court dismissed her first two as inadequate under Rule 8 of the Federal Rules of Civil Procedure. In her first amended complaint, Joren alleged that the TSA forced her to quit because of her disability in violation of the...

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