Ex-McHenry Co. sheriff's deputy: I was fired over panic disorder

Ex-McHenry Co. sheriff's deputy: I was fired over panic disorder
By Charles Keeshan |
Daily Herald StaffContact writerPublished: 2/25/2009 12:20 PM.

A fired McHenry County Sheriff's deputy filed suit against the department this week, claiming he was dismissed unlawfully because he suffers from panic disorder.

Former deputy Robert Schlenkert is seeking a minimum $50,000 in damages through the discrimination lawsuit that also claims he lost his job because he complained to state authorities about his treatment by his supervisors.

Schlenkert, a 17-year sheriff's department veteran, was diagnosed with panic disorder in 2001 and placed on involuntary leave due to "psychological issues" in April 2005, according to the lawsuit. About 19 months later, the suit states, doctors cleared him to return to work.

His attorney, Cathleen Potter, says in the suit that despite Schlenkert's condition, he is fit and able to work as a sheriff's deputy.

"(He) was competent to perform all of the essential functions of his position in a manner that met and/or exceeded legitimate expectations," the suit states. "He had an outstanding work history and was never subjected to disciplinary action."

However, court records indicate Sheriff Keith Nygren wasn't so sure Schlenkert was ready to return. So rather than put him back on patrol after doctors cleared him, the sheriff ordered Schlenkert in May 2007 to attend a full police academy program in Champaign, the same training given to would-be officers with no police experience.

Schlenkert never made it through the program. In May and June 2007, Schlenkert failed a total of four attempts to pass a physical fitness test required by the academy and, as a result, could not complete the training. Nygren took that as refusal to follow a direct order and, through the sheriff's Merit Commission, had him fired in December 2007.

The suit, however, contends the real motive behind the firing wasn't Schlenkert's physical fitness, but his panic disorder, as well as retaliation for pair of discrimination complaints he filed with the Illinois Department of Human Rights. The state agency ultimately ruled that Schlenkert was not discharged or discriminated against, court records state.

Nygren deferred questions about the suit to John Kelly, the department's attorney on the case. Kelly did not return a call for comment.

It is the second time in about a year Schlenkert has sued the department since his dismissal. In January 2008, he sued to win back his job and ultimately won when a judge in December ruled there was no evidence Schlenkert could not fulfill his duties as a law enforcement officer.

Because the sheriff's department is appealing that ruling, Schlenkert has not been reinstated to duty.

The lawsuit case is scheduled to appear before a McHenry County judge for the first time June 29.
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