Arrigo v. Link Stop, Inc., No. 14-3298 (7th Cir. 2016)
Annotate this CaseArrigo began working at Link’s Wisconsin convenience store in 1999. She became bookkeeper for several of Link’s businesses. In 2010, Arrigo suffered an anxiety attack and was taken to the emergency room. Arrigo was paid during a two-week leave. Link claims that he asked Arrigo to provide a return‐to‐work certification from her doctor. She failed to do so. During a meeting, Link asked Arrigo for details about her condition; Arrigo disclosed that she had been prescribed medications and ordered to attend counseling. Arrigo claims that Link began treating her differently. Several weeks later, Arrigo was in a car accident and learned that she was pregnant. She stopped taking her anti‐anxiety medication and suffered withdrawal symptoms that landed her in urgent care. Weeks later, Link issued Arrigo’s first performance warning. After a dispute about Arrigo’s request for two days off, Arrigo failed to attend work on those days. Link terminated Arrigo’s employment. Arrigo filed suit, asserting that she was fired for taking Family and Medical Leave Act leave. Six months later, she sought to add Title VII and ADA pregnancy and disability claims. The court denied that request as untimely. Arrigo filed a separate suit, which was dismissed. During the FMLA trial, the jury heard about several Link employees who took FMLA leave and about Arrigo's performance issues and rejected Arrigo's claims. The Seventh Circuit affirmed, upholding evidentiary rulings and the dismissal of Arrigo’s Title VII and ADA claims.
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