278 F.3d 706 (7th Cir. 2002), 01-1723, Lewis v. Holsum of Fort Wayne Inc.

Docket Nº:01-1723
Citation:278 F.3d 706
Party Name:Rebecca Lewis, Plaintiff-Appellant, v. Holsum of Fort Wayne, Inc., Defendant-Appellee.
Case Date:January 28, 2002
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit

Page 706

278 F.3d 706 (7th Cir. 2002)

Rebecca Lewis, Plaintiff-Appellant,


Holsum of Fort Wayne, Inc., Defendant-Appellee.

No. 01-1723

In the United States Court of Appeals For the Seventh Circuit

Decided January 28, 2002

November 1, 2001

Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. No. 99 C 302--William C. Lee, Chief Judge.

Page 707

[Copyrighted Material Omitted]

Page 708

Before Flaum, Chief Judge, and Manion, and Kanne, Circuit Judges.

Kanne, Circuit Judge.

Rebecca Lewis filed a pro se complaint in the District Court for the Northern District of Indiana alleging that Holsum of Fort Wayne, Inc., discriminated against her on the basis of her race, disability, and sex and that she was terminated from her employment with Holsum in retaliation for filing a claim with the Equal Employment Opportunity Commission ("EEOC") in violation of both the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. 12201 et seq., and Title VII of the Civil Rights Act of 1964. The district court granted Lewis leave to amend her complaint. Lewis added an additional theory of recovery asserting that she was denied medical leave and terminated in violation of the Family Medical Leave Act ("FMLA"), 29 U.S.C. sec. 2601 et seq. The district court granted summary judgment in favor of Holsum. Lewis now appeals. Because this court finds that the district court correctly entered summary judgment in favor of Holsum, we affirm. I. History

Lewis, an asthma sufferer, and her husband, Mack Lewis ("Mack"), were both employed at Holsum bakery. Because of her asthma, Lewis worked under medical restrictions to avoid flour dust. During the summer of 1997, Lewis applied for a transfer within Holsum. Holsum denied Lewis' request because it believed that Lewis could not perform the essential functions of the job due to her medical restriction. After this denial, Lewis filed a grievance with her union. Holsum responded to that grievance and stated that if Lewis could supply a note from her doctor stating that her medical restriction could be lifted, it would consider her for the job. Lewis obtained a statement from her family physician which provided: "O.K. for Rebecca Lewis to work without restrictions with flour dust." Despite this note from her physician, Lewis did not receive the transfer. In October 1997, Lewis filed a charge with the EEOC concerning the denial of her transfer request. The EEOC found no probable cause and issued a Dismissal and Notice of Right-to-Sue. However, Lewis never filed suit.

On December 17, 1997, Lewis suffered an asthma attack at work. She checked into St. Joseph Medical Center and remained there for four days, through the evening of December 21, 1997. Her treating physician, Dr. Yogesh M. Amin, M.D., wrote Lewis an off-work slip dated December 18, 1997. The off-work slip stated that Lewis "is currently hospitalized" at St. Joseph Medical Center. It did not indicate when Lewis could return to work. Mack delivered the off-work slip to Holsum and Jim Prater, plant manager for Holsum, acknowledged receiving the slip.

Although Lewis was scheduled to work on December 19, 1997, she did not appear and...

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