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E.E.O.C. v. SEARS, ROEBUCK & CO.

Nos. 04-2222, 04-2493.

417 F.3d 789 (2005)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, and Judith Keane, Intervening Plaintiff-Appellant, v. SEARS, ROEBUCK & COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 10, 2005.

Attorney(s) appearing for the Case

Gail S. Coleman (argued), Jean P. Kamp, E.E.O.C., Steven N. Fritzshall, Fritzshall & Associates, Chicago, IL, for Plaintiff-Appellant.

Mary A. Smigielski (argued), Morgan, Lewis & Bockius, Chicago, IL, for Defendant-Appellee.

Before FLAUM, Chief Judge, and KANNE and WILLIAMS, Circuit Judges.

FLAUM, Chief Judge.

Under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., an employer unlawfully discriminates against a "qualified individual with a disability" when it fails to make "reasonable accommodations to the known physical or mental limitations" of the disabled employee, unless to do so would impose an "undue hardship" on the employer. §§ 12112(a), (b)(5)(A). The Equal Employment Opportunity Commission ("EEOC...

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