Ames v. Home Depot U.S.A., 09-4151,
concerned a 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.
In affirming the district court's grant of summary judgment in favor of
the employer, the court held that 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. The court also held that plaintiff's FMLA
retaliation claim was properly dismissed on summary judgment as she
cannot satisfy the causal connection element. Lastly, the court held
that plaintiff's ADA claims cannot survive summary judgment as she
cannot show her alcoholism is an ADA disability.