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7th Circuit rejects claim that FMLA should be extended to non-eligible employees

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The 7th Circuit Court of Appeals affirmed summary judgment for a transportation company on a fired worker’s claims that her termination violated the Americans with Disabilities Act and the Family and Medical Leave Act. The judges didn’t agree with the woman that FMLA protection should extend to non-eligible employees who request leave for future periods.

In Terri Basden v. Professional Transportation Inc., 11-2880, Terri Basden was fired from her job as a dispatcher after accumulating multiple absences, some which included medical reasons. She believed she may have multiple sclerosis, although she would not be able to see a specialist for several months. After receiving a three-day suspension, she sought unpaid 30-day leave of absence, which employees who have been with the company for at least a year may request. Basden had not been employed for a year yet. She did not return after her suspension and was fired.

She filed a lawsuit, alleging violations of the ADA and FMLA when she was fired. The District Court granted summary judgment for Professional Transportation Inc.

Basden failed to present sufficient evidence that she was qualified to perform the essential functions of her job, even with a reasonable accommodation, the judges ruled. She responded to PTI’s motion for summary judgment on the ADA claim with evidence that her condition improved and that she hoped to return to work regularly after her leave.

Although the judges found that PTI failed to engage in the interactive accommodation exploration process required by the ADA, that failure doesn’t need to be considered if the employee fails to present evidence sufficient to reach the jury on the question of whether she was able to perform the essential functions of her job with an accommodation.

On her FMLA claim, she argued the Act should not be interpreted to preclude relief for non-eligible employees who request leave for future periods. But her request was made before she was eligible for FMLA protection and sought leave that would have began before her eligibility began, Judge Sharon Johnson Coleman of the Northern District of Illinois wrote, who was sitting by designation.

“Basden cites no authority for extending the statute’s protections to her situation, and arguments for such extension have been squarely rejected elsewhere,” she wrote.

 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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