United States Seventh Circuit
Ames v. Home Depot U.S.A., 09-4151
In plaintiff's suit against her former employer claiming violations of the Family and Medical Leave Act (FMLA), and the Americans with Disabilities Act, after she was terminated for coming to work under the influence of alcohol and failing a blood alcohol test, district court's grant of summary judgment in favor of the employer is affirmed where: 1) plaintiff's interference claim fails as she cannot establish that she was entitled to leave under the FMLA because, based on the record, a reasonable factfinder could not conclude that plaintiff was afflicted with a serious health condition within the meaning of the FMLA; 2) plaintiff's FMLA retaliation claim was properly dismissed on summary judgment as she cannot satisfy the causal connection element; and 3) plaintiff's ADA claims cannot survive summary judgment as she cannot show her alcoholism is an ADA disability.
Appellate Information
- Argued 09/22/2010
- Decided 01/06/2011
- Published 01/06/2011
Judges
Court
- United States Seventh Circuit