Employment – ADA — FMLA

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United States Court of Appeals For the Seventh Circuit

Civil

Employment – ADA — FMLA

Where an employee could not work regularly because of her MS, her termination was not disability discrimination.

“The record does not show the extent to which that medication alleviated her symptoms. At her deposition, plaintiff testified that her condition got worse ‘a couple times’ after she left PTI, then ‘leveled off.’ Her next employment was with a company called “Koch Originals.” While the record does not explicitly detail the length of Basden’s stay at Koch, her deposition testimony does suggest that her tenure was short. She recalled that she worked at Koch during September 2008, and at her June 2010 deposition, she testified that she had just begun a new part-time position after being unemployed for approximately a year and a half. While working at Koch, Basden had a two-week absence that she attributed to MS. Even with all reasonable inferences from the foregoing drawn in Basden’s favor, we cannot conclude that the evidence of her subsequent employment would permit a jury to find that the combination of leave and medication would have enabled her to return to work on a regular basis.”

Affirmed.

11-2880 Basden v. Professional Transportation, Inc.

Appeal from the United States District Court for the Southern District of Indiana, Lawrence, J., Coleman, J.