James Clarke v. Northwest Respiratory Services, LLC
A16-620
| Minn. Ct. App. | Jan 30, 2017Background
- Clarke, a Gulf War veteran with PTSD, worked for Northwest Respiratory Services as a service technician from Jan 2012 until his termination in March 2014.
- During employment Clarke received multiple driving-related warnings (verbal, written, final written warning) and at least two speeding tickets; he failed to disclose one ticket to his supervisor.
- Clarke took FMLA leave for inpatient PTSD treatment from Dec 31, 2013 to Mar 5, 2014.
- While Clarke was on leave a January 2014 customer complaint about rude behavior was made to Northwest; after his return a March 2014 "Windom" complaint (customer + referral clinic) alleged rudeness and inaccurate checklist entries and led the customer to cancel services.
- Northwest’s VP Larson reviewed Clarke’s file (including prior driving complaints and the January complaint) and decided to terminate Clarke; Trevino notified Clarke and allegedly said time off was a reason for termination.
- Clarke sued for disability discrimination (MHRA) and FMLA retaliation; the district court granted summary judgment for Northwest and the court of appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Clarke presented direct evidence that disability motivated termination | Trevino told Clarke time off was a reason; that statement shows discriminatory motive | Larson made firing decision; no evidence Larson knew Clarke’s PTSD or connected leave to firing | No — Trevino’s statement alone is insufficient to show Larson’s discriminatory motive; not direct evidence |
| Whether Clarke made a prima facie MHRA discrimination case | Clarke is disabled and was terminated from a position he held | Northwest notes legitimate nondiscriminatory reason for firing | Court assumed Clarke met prima facie MHRA case but treated employer’s reason as legitimate |
| Whether Clarke made a prima facie FMLA-retaliation case (causal connection) | Temporal proximity plus Trevino’s comment linking time off to firing establishes causation | Temporal gap and employer knew of leave earlier; proximity is weak absent other evidence | Yes — timing plus Trevino’s remark was sufficient to establish a minimal prima facie FMLA claim |
| Whether Northwest’s stated reason (customer complaint/loss of referral) was pretext | Clarke disputes significance of Windom complaint, points to uneven discipline, and procedural deviations (not asked his side) | Northwest shows history of complaints/warnings and that Windom complaint caused loss of customer; investigation included contacting complainants | No — Clarke failed to produce sufficient evidence of pretext (comparators not similarly situated; deviation from general practice not shown to be mandatory); summary judgment affirmed |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (establishes burden-shifting framework for disparate-treatment claims)
- Larson v. Nw. Mut. Life Ins. Co., 855 N.W.2d 293 (Minn. 2014) (standard of review for summary judgment and discrimination analysis)
- McIntosh Cty. Bank v. Dorsey & Whitney, LLP, 745 N.W.2d 538 (Minn. 2008) (view evidence in light most favorable to nonmoving party)
- Ebersole v. Novo Nordisk, Inc., 758 F.3d 917 (8th Cir. 2014) (temporal proximity must be very close to establish causation absent other evidence)
- Pulczinski v. Trinity Structural Towers, Inc., 691 F.3d 996 (8th Cir. 2012) (elements of prima facie FMLA-retaliation claim)