75 F.4th 861
8th Cir.2023Background
- Boston, an African American Team Lead at TrialCard, had attendance-policy obligations requiring notification to Workforce Management; policy allowed termination after three consecutive days absent without notice.
- In late 2019 she developed depression/anxiety, received an attendance warning, and her provider recommended intermittent FMLA; TrialCard shifted FMLA administration to Cigna in January 2020.
- Cigna provisionally approved intermittent FMLA and later required a signed medical certification within 15 days for a requested continuous leave (Feb 3–17); Cigna attempted twice to obtain records from Boston’s therapist, Garner.
- Boston communicated about her status to her supervisor Quinn (via personal texts) but did not notify HR/Workforce Management as the policy required; Garner either failed to send or faxed certification to the wrong number.
- Cigna denied the continuous FMLA claim for lack of timely medical certification; after Boston accrued additional unexcused absences following the denied period, TrialCard terminated her for attendance-policy violations.
- Boston sued under the MHRA, 42 U.S.C. § 1981, and the FMLA; the district court granted summary judgment for TrialCard, and the Eighth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Discrimination under MHRA/§1981 (race, disability, sex) | Boston argues termination was motivated by discriminatory animus and points to supervisor comments and "me-too" evidence | TrialCard contends termination was for legitimate, nondiscriminatory reasons: repeated, undocumented attendance violations per company policy | Court: No direct evidence by decisionmakers; TrialCard offered legitimate reason (policy violations); Boston's comparator and "me-too" evidence insufficient to show pretext — summary judgment affirmed |
| FMLA entitlement (denial of leave) | Boston contends the denial was improper because medical paperwork was provided (or misfaxed) and TrialCard/Cigna should have credited it | Cigna required timely, completed medical certification and repeatedly informed Boston and provider; denial was due to no certification received within the deadline | Court: Undisputed that Cigna lacked required certification in time; employer lawfully denied leave for failure to return certification — entitlement claim fails |
| FMLA discrimination/retaliation | Boston claims exercising FMLA rights factored into the termination (cites supervisor testimony) | TrialCard says no causal link; decisionmakers relied on Cigna denial and attendance-policy violations; supervisor who made comments was not a decisionmaker | Court: No evidence decisionmakers were motivated by FMLA activity; temporal proximity alone insufficient — discrimination claim fails |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (burden-shifting framework for discrimination claims)
- Radabaugh v. Zip Feed Mills, Inc., 997 F.2d 444 (8th Cir. 1993) (statements by non-decisionmakers do not support inference of discrimination)
- Wierman v. Casey's Gen. Stores, 638 F.3d 984 (8th Cir. 2011) (violation of company policy is a legitimate nondiscriminatory reason for termination)
- Bone v. G4S Youth Servs., LLC, 686 F.3d 948 (8th Cir. 2012) (comparators must be similarly situated in all relevant respects)
- Kobus v. Coll. of St. Scholastica, Inc., 608 F.3d 1034 (8th Cir. 2010) (employer may deny FMLA leave when employee fails to provide required certification)
- Pulczinski v. Trinity Structural Towers, Inc., 691 F.3d 996 (8th Cir. 2012) (distinguishing FMLA entitlement, retaliation, and discrimination claim types)