Fifth Circuit: Lindsey v. Bio-Medical Applications

 

As employer never made working on leave a condition of employment or threatened employee with adverse consequences, lack of assignment of the employees duties to another in the interim did not interfere with the exercise of the statutorily guaranteed leave.

The distinction between actual due dates and horatory due dates presents a genuine issue for trial on the claim of pretextual basis for retaliatory action.

State law whistleblower claim would require an actual violation of state law, not merely discusion of an illegal practice.

https://www.ca5.uscourts.gov/opinions/pub/20/20-30289-CV0.pdf

Sixth Circuit: Heidi Hostettler v. College of Wooster

There is an issue for trial when a plaintiff claiming disability or gender discrimination claims that she can perform all required work within a shorter amount of time; absent a showing to the contrary, the task is not necessarily defined by the number of hours required.

Employer can be estopped from claiming that the amount of leave taken exceeds that protected by the Act when the employee relies to her detriment on an assertion to the contrary, presenting an issue for trial.

http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0140p-06.pdf

Eighth Circuit: Jamie Smith v. AS America, Inc.

FMLA, Estoppel


No clear error in court's holding that back illness was a chronic condition.

Liquidated damages are appropriate unless affirmative defense of good faith conduct is established.

Since fees evidence didn't go to merits, no abuse of discretion in court's award of fees despite lack of disclosure in discovery.

No clear error in court refusing to bar award under judicial estoppel where there is no showing that there was a deliberate misrepresentation or one that gave the party any advantage in the proceeding.

Given limited probative value of the records, court erred in reducing award by crediting the after-acquired-evidence as a basis for the end of employment, rather than crediting the witness' testimony.

Jamie Smith  v.  AS America, Inc.

Seventh Circuit: Eileen Felix v. Wisconsin Department of Transportation

Discrimination, FMLA, Employment


Medical inquiry that considered the prospective behavior of the employee did not therefore have to establish a direct threat in order to justify the ending of employment.


Eileen Felix v.   Wisconsin Department of Transportation

Fourth Circuit: John Vannoy v. Federal Reserve Bank

FMLA, ADA

Letter to employee regarding the medical leave did not comport with statute, since it didn't mention right to restoration of status.

Assertion of prejudice by plaintiff makes the lack of notice a genuine issue of material fact for the fact-finder at trial.

Plaintiff must make an evidentiary showing of pretext to present a genuine issue where deft has established a bona fide reason for the allegedly retaliatory act.

No equitable basis for ADA claims.


John Vannoy v. Federal Reserve Bank

Eighth Circuit: Madonna Massey-Diez v. U of IA Community Medical etc

FMLA

Plaintiff's stated willingness to find ways to work while incapacitated meant that repeated tasks requested by employer during leave time were not contrary to the statute.

No discrimination in nonrenewal of contract, since comparator was in a rural area with different methodologies, and there was insufficient direct proof of discrimination.


Madonna Massey-Diez  v.  U of IA Community Medical etc

Fifth Circuit: Lillie Wheat v. Florida Prsh Juv Justice Cmsn

Title VII/FMLA

Assignment to janitorial duties is not a per se materially adverse action.

Plaintiff did not establish pay adjustment as materially adverse.

Denial of reassignment not per se materially adverse.

Disparate treatment of others similarly situated raised genuine issue of material fact on the retaliatory dismissal.

Dissent: Janitorial duties materially adverse on this record.

http://www.ca5.uscourts.gov/opinions/pub/14/14-30788-CV0.pdf

Eighth Circuit: Bonnie Hasenwinkel v. Mosaic

FMLA.

Claim for denial of leave properly dismissed, as the maximum period of leave under the statute had already been exhausted.

As employee was incapable of returning to work, no basis for challenging ending of employment.

Although a suspension with later backpay can be the basis for an FMLA claim, plaintiff did not allege any monetary harm from the act, and it was therefore properly dismissed as a matter of law.

No material adverse action in workplace generally.

A federal statute with an express right of action cannot serve as the "public policy" basis for a state tort claim of wrongful discharge.

http://media.ca8.uscourts.gov/opndir/15/12/143786P.pdf