E.E.O.C. v. LEE'S LOG CABIN, INC.

No. 06-3278.

546 F.3d 438 (2008)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. LEE'S LOG CABIN, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 6, 2008.


Attorney(s) appearing for the Case

Paula R. Bruner (argued), Equal Employment Opportunity Commission, Washington, DC, for Plaintiff-Appellant.

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

James D. Esseks, American Civil Liberties Union, New York, NY, Amicus Curiae.

Before KANNE, WILLIAMS, and SYKES, Circuit Judges.


SYKES, Circuit Judge.

The Equal Employment Opportunity Commission ("EEOC") filed suit against Lee's Log Cabin restaurant in Wausau, Wisconsin, claiming it violated the Americans with Disabilities Act ("ADA") when it refused to hire Korrin Krause Stewart for a wait-staff position because she was HIV-positive. After Log Cabin moved for summary judgment, the EEOC switched gears and claimed Log Cabin did not hire Stewart because...

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