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The case of remote commuters can continue for workers with weakened immune systems



A federal judge ruled against an employer's attempt to dismiss a lawsuit from an immunocompromised man who wanted to continue working from home for fear of suffering from covid-19 at work. Illinois for 15 years and has helped residents make their homes more energy efficient. When the covid-19 pandemic hit in 2020, Mr. Gentile distance shuttle, an arrangement that ended a few months later, according to documents in Gentile v. County of Dupage, filed with the U.S. District Court, Northern District of Illinois, Eastern Division, Chicago.

Mr. Gentile, worried about the risks of getting covid-19 because he was immunocompromised from a pulmonary embolism lung dysfunction, requested to continue the telework, which the county refused. "After a bit of back and forth, it deteriorated rapidly," it says in documents. "Instead of responding to his requests, DuPage County fired him abruptly."

Mr. Gentile sued the county under the Americans with Disabilities Act, the Family and Medical Leave Act, and Illinois Common Law, for failing to receive and provide leave to which he was entitled and for retaliation.

DuPage County moved to dismissal for failure. to file a claim, which a federal district court judge granted partially and partially denied.

When the judge granted a claim for violations by the ADA and the FMLA, the judge ruled that the case could proceed, writing that there were certain questions about whether Mr. Gentile was entitled to residency under federal law, and that the parties "may collect them in the discovery." [1

9659002] "At this point, the question is simply whether the complaint alleges enough to get to the next phase of the case. It does," the judge wrote. for leave under the FMLA. "

On the claim for retaliation under Illinois law, the judge wrote that" this case does not fit within those limits. The complaint does not state anything about work injury compensation or whistleblowing. Nor does the complaint allege that DuPage County fired Gentile for refusing to engage in illegal conduct. "


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