Stelter v. Wisconsin Physicians Service Insurance Corp., No. 18-3689 (7th Cir. 2020)Annotate this Case
WPS employed Stelter as an assistant in 2002 and promoted her to sales representative in 2007. In 2010, Harings, an agency manager, expressed concern in Stelter’s performance review regarding personal appointments made during work hours. In 2013, Harings again noted appointments during work hours and Stelter’s need for better familiarity with large group insurance products. In February 2014, Stelter injured her back at work. WPS approved her request for time off. On April 17, Stelter’s doctor cleared her to return with no restrictions. In June, Harings conducted Stelter’s performance review, giving an overall rating of improvement required. To get Stelter better acquainted with selling large group insurance, Harings had Stelter visit another WPS office, about a two-hour drive from the location where Stelter worked. In September, Harings met with Stelter weekly. Harings’s notes expressed her frustration that Stelter failed to request additional training and continued leaving work for appointments without giving adequate notice. Harings recommended termination. In December, WPS terminated Stelter. Stelter sued, claiming discrimination and retaliation in violation of the Americans with Disabilities Act. She alleged she was disabled with back pain that was aggravated by a work injury, The Seventh Circuit affirmed summary judgment in favor of WPS. Stelter was terminated for a pattern of job absenteeism and deficiency.