Report: Fired sheriff's deputy not discriminated against

A fired McHenry County Sheriff's deputy who claims he lost his job because he suffered from panic disorder failed to convince the Illinois Department of Human Rights that was the case.

The agency issued a four-page ruling last week finding there is no substantial evidence to back former deputy Robert Schlenkert's claims discrimination was at the heart of his December 2007 firing.

The ruling is a victory for Sheriff Keith Nygren in a two-year legal battle to uphold his decision to dismiss Schlenkert, a 17-year department veteran, after he failed numerous physical fitness tests.

"I said back when it was filed it was without merit, and now the human rights commission is saying it's without merit," Nygren said. "This isn't a surprise."

Schlenkert attorney Cathleen Potter was not immediately available for comment.

According to court documents, Schlenkert took leave from the sheriff's office in April 2005 to deal with "psychological issues." Doctors cleared him to return to work 19 months later, but Nygren chose to first send him back through police officer basic training.

It was during that training, records state, that Schlenkert failed four attempts to pass a physical fitness test required for the program. Nygren deemed that a refusal to follow a direct order and, through the Sheriff's Merit Commission, had him fired.

The Department of Human Rights decision said there is no evidence the sheriff's office had animosity toward Schlenkert because of his panic disorder or that the decision to send him back to training was based on anything but a "good-faith belief" he needed it.

It was not immediately clear Monday how the ruling would affect a McHenry County judge's decision last year to reinstate Schlenkert. That ruling, which stated there was no evidence Schlenkert could not perform his duties despite failing the fitness test, is under appeal.

Schlenkert also is suing Nygren and the department in a third legal filing, seeking at least $50,000 for what he alleges was a wrongful termination. That case is pending.