Ames v. Home Depot U.S.A., Inc.
629 F.3d 665
7th Cir.2011Background
- Ames, employed by Home Depot since 2001, disclosed an alcohol problem in Sept 2006 and was placed on paid administrative leave;
- She enrolled in Home Depot's Employee Assistance Program under a mandatory testing regime and compliance terms including periodic testing and potential termination for noncompliance;
- Ames passed a drug/alcohol test on Oct 18 and returned to work;
- In Nov 2006 Ames was arrested for DUI, triggering noncompliance concerns under the EAP and company policy;
- Home Depot notified Ames of deadlines to obtain evaluation/treatment to restore compliance;
- On Dec 23, 2006, Ames tested positive for alcohol and was terminated for violating the substance abuse policy; she later claimed FMLA and ADA rights were violated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FMLA interference due to denial of leave | Ames argues she needed FMLA leave for a serious health condition | Ames was not entitled to FMLA leave as she lacked a qualifying serious health condition | No FMLA interference; no entitlement to leave as of Dec 23, 2006. |
| FMLA retaliation based on protected activity | Ames asserts adverse actions followed protected activity | Actions were in line with EAP terms and DUI-related policy violations | No retaliation; no causal link shown. |
| ADA discrimination based on disability status | Ames claims alcoholism as a disability affecting major life activities | No substantial limitation shown; content of record shows non-work impact | No ADA disability; claims fail. |
| ADA failure to accommodate | Ames seeks accommodations for AA scheduling deficits | Employer provided leave/time off and EAP assistance; no accommodation failure | No failure to accommodate. |
Key Cases Cited
- Caskey v. Colgate-Palmolive Co., 535 F.3d 585 (7th Cir. 2008) (FMLA interference and retaliation framework; notice may be insufficient to defeat summary judgment)
- Darst v. Interstate Brands Corp., 512 F.3d 903 (7th Cir. 2008) (FMLA eligibility and definition of serious health condition)
- Lloyd v. Swifty Transp., Inc., 552 F.3d 594 (7th Cir. 2009) (ADA disability analysis for alcoholism)
- Mobley v. Allstate Ins. Co., 531 F.3d 539 (7th Cir. 2008) (ADA disability and accommodation considerations)