ADA- Uniformed Services Employment and Reemployment Rights Act

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7^th Circuit Court of Appeals

Case Name: LuzMaria Arroyo v. Volvo Group North America, LLC

Case No.: 23-1165

Officials: Hamilton, Brennan, and Kirsch, Circuit Judges.

Focus: ADA- Uniformed Services Employment and Reemployment Rights Act

Arroyo, a military reservist, filed a lawsuit against her employer, Volvo Group North America, LLC, alleging discrimination based on her military status and post-traumatic stress disorder (PTSD). Following a jury’s decision in favor of Arroyo, awarding her $7.8 million in damages, the district court granted judgment as a matter of law to Volvo regarding Arroyo’s Americans with Disabilities Act (ADA) claim. Additionally, the court ordered a new trial for the remaining Uniformed Services Employment and Reemployment Rights Act (USERRA) claim, where the jury ruled in favor of Volvo. Arroyo appealed.

Court of Appeals determined that Arroyo did not meet the criteria of a “qualified individual” under the ADA, as she failed to adhere to Volvo’s attendance policy, an integral aspect of her job role. Despite positive job performance reviews, her non-compliance with the attendance policy remained a significant factor. Additionally, the court found no inconsistency with its previous ruling in Arroyo I, which overturned the district court’s summary judgment in favor of Volvo concerning the ADA and USERRA claims.

Furthermore, the court supported the district court’s decision for a new trial on the USERRA claim, concurring that the jury’s verdict on the ADA claim was influenced by undue emotion and bias, impacting their determination of USERRA liability. Lastly, the court concluded that the district court’s exclusion of evidence regarding Arroyo’s PTSD in the new trial was not an abuse of discretion, as PTSD alone did not establish a viable discrimination claim under USERRA.

Affirmed.

Decided 02/27/24

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