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Ames v. Home Depot U.S.A., 09-4151

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By FindLaw Staff on January 06, 2011 3:01 PM

Action under the FMLA and the ADA

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.

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