Hopkins v. Grant Thornton International Inc.
851 F. Supp. 2d 146
D.D.C.2012Background
- Hopkins began employment with Grant Thornton LLP in Sept. 2007 as a Senior Consultant in the GPS division, based in Alexandria, VA.
- He worked on the DHS ICE Student Exchange Visitor Program but was removed for clearance issues and reassigned to the Iraq Stability Program with the DoD.
- Funding reductions ended the Iraq Stability Program in 2010, leading to downsizing and dissolution of the GPS International Division.
- Hopkins was repeatedly warned of reduced work and ultimately terminated on March 16, 2010, due to lack of billable work and program shutdowns.
- Hopkins alleged FMLA-related rights violations and DC FMLA interference/retaliation; the court applied summary judgment to grant GT relief on all claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hopkins' FMLA retaliation claim survives | Hopkins claims retaliation for seeking FMLA leave | GT had legitimate, non-retaliatory reasons (lack of billable work, downsizing) | Granted GT summary judgment on retaliation (Count I) |
| Whether Hopkins' FMLA interference claim survives | Interference occurred by discharge during FMLA leave window | Discharge due to business downsizing, not FMLA interference | Granted GT summary judgment on interference (Count III) |
| Whether Hopkins' FMLA discrimination claim survives | Discrimination for exercising FMLA rights | No separate discrimination claim; counts overlap with retaliation | Dismissed Count II (discrimination/retaliation merged with retaliation) |
| Whether the DC FMLA claims survive | DC FMLA coverage applied to Hopkins | Hopkins not a DC employee; DCFORegulation applied narrowly | Dismissed Counts IV–VI (DCFMLA not applicable) |
Key Cases Cited
- Strickland v. Waterworks and Sewer Bd. of the City of Birmingham, 239 F.3d 1199 (11th Cir. 2001) (describes retaliation framework under FMLA)
- Roseboro v. Billington, 606 F. Supp. 2d 104 (D.D.C. 2009) (discusses FMLA retaliation standards)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (Supreme Court 1973) (establishes burden-shifting framework for retaliation)
- Clark Cnty. School Dist. v. Breeden, 532 U.S. 268 (Supreme Court 2001) (causal connection can be shown by close timing)
- Sarnowski v. Air Brooke Limousine, Inc., 510 F.3d 398 (3d Cir. 2007) (FMLA interference standards (Third Circuit))
- Throneberry v. McGehee Desha County Hosp., 403 F.3d 972 (8th Cir. 2005) (FMLA burden and interference considerations)