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Behn v. Kiewit Infrastructure Co.

N.D. Ill.November 2, 2018No. 1:17-cv-05241
OtherKiewit Infrastructure Co.
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Case Details

Nature of Suit — the legal category of the dispute
445 Civil Rights: Americans with Disabilities - Employment
Status — whether other courts must follow this ruling
Unknown
Procedural Posture — the stage the case had reached
motion to dismiss

Related Laws

No specific laws identified for this ruling.

Claim Types

DiscriminationFailure to Accommodate

Outcome

District court granted in part and denied in part plaintiff's motion to strike defendant's affirmative defenses in an ADA employment discrimination case. The court struck three affirmative defenses (failure to exhaust administrative remedies, failure to mitigate damages, and lack of reasonable diligence in seeking employment) as insufficiently pleaded, while upholding others including failure to state a claim and statute of limitations.

What This Ruling Means

Behn v. Kiewit Infrastructure Co. — Court Ruling Summary

What Happened

An employee filed a discrimination lawsuit against Kiewit Infrastructure Co. under the Americans with Disabilities Act (ADA), claiming the company failed to accommodate a disability. Both sides filed legal documents outlining their arguments and defenses.

What the Court Decided

The court partially sided with the employee. A judge removed three of the company's defensive arguments because they weren't properly explained: that the employee hadn't completed required administrative steps first, that the employee didn't try hard enough to find new work, and that the employee wasn't diligent in job searching. However, the court allowed the company to keep other defenses, including challenging whether the employee's claims were valid at all.

Why This Matters for Workers

This ruling clarifies that employers must properly document their legal defenses in disability cases. Vague or unsupported arguments don't protect companies from moving forward with discrimination lawsuits. Workers with disabilities have a clearer path to have their claims heard in court, as long-standing procedural shortcuts don't eliminate their cases prematurely.

This summary was generated to explain the ruling in plain English and is not legal advice.

More Rulings in This Case

Other orders and opinions in Behn from the same court.

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This ruling information is sourced from public court records via CourtListener.com. Case outcomes, claim types, and summaries are extracted using AI analysis and may be incomplete or inaccurate. It is provided for informational and educational purposes only and does not constitute legal advice.

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