KOSHINSKI v. DECATUR FOUNDRY, INC.

No. 98-2790.

177 F.3d 599 (1999)

Robert C. KOSHINSKI, Jr., Plaintiff-Appellant, v. DECATUR FOUNDRY, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 22, 1999.


Attorney(s) appearing for the Case

Charles S. Watson (argued), Springfield, IL, for Plaintiff-Appellant.

Frederic Lee Kenney (argued), Winters, Featherstun, Gaumer, Kenney, Postlewait & Stocks, Decatur, IL, for Defendant-Appellee.

Before BAUER, ROVNER, and EVANS, Circuit Judges.


TERENCE T. EVANS, Circuit Judge.

This appeal raises a unique and nettlesome question: May an employer use the ADA as a sword to keep off the job an employee who is qualified to do that job now, but will, at some future point, become unable to do it due to a degenerative disease, which will be exacerbated by the employee's continued employment? The question requires a balancing of, on the one hand, the employer's interest in protecting its employees from injury and...

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