Jill Diamond v. Hospice of Florida Keys, Inc.
677 F. App'x 586
11th Cir.2017Background
- Jill Diamond was a full-time licensed clinical social worker for Hospice of Florida Keys and took intermittent FMLA leave beginning June 2013 to care for seriously ill parents.
- Hospice required employees to use accrued PTO concurrently with FMLA and issued low-PTO warnings; HR practice regarding notices changed after March 2014 when Michelle Chennault began performing HR duties.
- Diamond took unforeseeable FMLA leave in late March and multiple days in April 2014; HR requested additional "proof of need" (e.g., travel, food, lodging receipts) beyond medical certifications for unforeseeable leave.
- HR manager Chennault sent emails warning Diamond that continued unpaid absences compromised patient care and approved some leave only after receiving documentation; Diamond says the warnings discouraged further FMLA use and caused her to forgo approved leave.
- On May 5, 2014, Hospice terminated Diamond for alleged poor performance (late care plans, timesheets, bereavement group not held) and noted other incidents; Diamond sued for FMLA interference and retaliation.
- The district court granted summary judgment for Hospice; the Eleventh Circuit vacated and remanded, finding genuine issues of material fact on both interference and retaliation claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hospice unlawfully interfered with Diamond's FMLA rights by discouraging leave | Diamond: HR's requests for non-medical "proof of need" and warnings that absences "compromise quality" discouraged her from taking FMLA leave and caused monetary harm | Hospice: Requests related to doubts about timely notice and belief Diamond was a no-call/no-show; not intended to deny FMLA | Vacated: Jury could find the documentation requests and warnings discouraged FMLA use and caused prejudice (monetary loss); summary judgment improper |
| Whether Hospice unlawfully retaliated in terminating Diamond for exercising FMLA rights | Diamond: Temporal proximity, HR's negative comments linking leave to performance, change in HR conduct after Chennault took over, and dubious documentation requests show causation and pretext | Hospice: Termination was for legitimate, non-discriminatory reasons (poor performance, failure to complete care plans, leaving during state survey) | Vacated: Plaintiff made a prima facie case and produced sufficient circumstantial evidence of pretext and causation to create triable issues |
Key Cases Cited
- Martin v. Brevard Cty. Pub. Schs., 543 F.3d 1261 (11th Cir.) (summary judgment review and FMLA interference standard)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (Sup. Ct.) (standard for genuine dispute of material fact at summary judgment)
- Evans v. Book-A-Million, 762 F.3d 1288 (11th Cir.) (prejudice requirement for FMLA interference remedies)
- Ragsdale v. Wolverine World Wide, Inc., 535 U.S. 81 (Sup. Ct.) (limits on FMLA remedies and deference to regulations)
- Strickland v. Water Works & Sewer Bd. of City of Birmingham, 239 F.3d 1199 (11th Cir.) (FMLA retaliation and interference distinction)
- Hurlbert v. St. Mary’s Health Care Sys., Inc., 439 F.3d 1286 (11th Cir.) (McDonnell Douglas framework in FMLA retaliation cases)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (Sup. Ct.) (burden-shifting framework for discrimination/retaliation claims)
- Smith v. BellSouth Telecomms., Inc., 273 F.3d 1303 (11th Cir.) (FMLA entitlement to leave for a parent’s serious health condition)