Arizanovska v. Wal-Mart Stores, Inc., No. 11-3387 (7th Cir. 2012)Annotate this Case
Arizanovska, born in Macedonia, was employed part-time by Wal-Mart, as an overnight stocker. After experiencing some vaginal bleeding while pregnant, she informed Wal-Mart that her doctor told her that she could not lift more than 20 pounds. She was assigned to stock the baby food and toothbrush aisles. She miscarried. When she became pregnant again she provided a medical restriction; she was not to lift more than 10 pounds. She could no longer perform the essential lifting functions of her position as a stocker. She told human resources that she would not take a leave of absence and that she wanted to fold clothes. No such position existed. Arizanovska did not return to work and miscarried again. She filed suit, claiming violation of Title VII of the Civil Rights Act, as amended by the Pregnancy Discrimination Act, failure to accommodate her under Wal-Mart’s Accommodation in Employment Policy because of her pregnancy and/or national origin, and retaliation for filing a charge with the Equal Employment Opportunity Commission. She also claimed intentional and negligent infliction of emotional distress, negligent supervision, and liability for employees’ actions. The district court granted summary judgment against Arizanovska. The Seventh Circuit affirmed.