Supervisors and managers must think twice before sending
e-mails, as a recent decision from the federal appeals court in
Chicago reminds us. The Seventh Circuit Court of Appeals, which
oversees Wisconsin, Illinois and Indiana, recently held that
supervisors' e-mails showing frustration over an employee's
military and disability-related absences were sufficient to support
a claim under the Americans with Disability Act (ADA) and the
Uniformed Services Employment and Reemployment Rights Act
(USERRA).
Luz Maria Arroyo, a U.S. Army Reservist, worked for Volvo for
six years until her termination in 2011. During that time,
Volvo granted her more than 900 days of military leave,
covering multiple deployments as well as military training and
other activities. After being diagnosed with post-traumatic stress
disorder, Volvo also provided Arroyo family and medical leave,
disability leave under the ADA, and additional accommodations to
manage her panic attacks.
