Basden v. Professional Transportation, Inc.

Federal 7th Circuit Court
Civil Court
Americans with Disabilities Act
Case Number: 
No. 11-2880
Decision Date: 
May 8, 2013
Federal District: 
S.D. Ind., Evansville Div.
Dist. Ct. did not err in granting defendant-employer’s motion for summary judgment in ADA action alleging that defendant terminated plaintiff on account of her multiple sclerosis condition, after defendant denied plaintiff’s request for 30-day unpaid leave to address complications of her condition. Record showed that plaintiff had exhausted her leave under defendant’s attendance policy and had failed to qualify for requested leave under said policy. Moreover, employer need not accommodate employee’s unreliable attendance, and plaintiff failed to show that she would have been able to come into work on regular basis even if defendant had granted her leave request. Result was same, even though Ct. of Appeals agreed with plaintiff that defendant had failed to engage in required interactive accommodation process, since said failure did not constitute independent basis for liability under ADA, and plaintiff otherwise was unable to show that she could perform essential function of her job by regularly coming into work.