Lucinda Dalton v. Manor Care of West Des Moines
782 F.3d 955
8th Cir.2015Background
- Lucinda Dalton, Director of Care Delivery at ManorCare, was rehired in 2010 and received progressive discipline beginning February 21, 2011 (Third/Final Written Warning and Performance Improvement Plan) for performance issues.
- Dalton experienced weight gain, edema, and other symptoms beginning mid-2010; evaluated by primary care and a nephrologist who diagnosed Stage One Chronic Kidney Disease (CKD) but found normal renal function and associated CKD with obesity.
- Dalton missed work for medical appointments and was admitted to the ER on February 28, 2011 with atypical chest pain; she was discharged with follow-up instructions and a short medical excuse.
- ManorCare suspended Dalton March 2, investigated additional performance failures, and terminated her March 3 based on accumulated work-rule violations per the employee handbook.
- Dalton sued, alleging FMLA interference (termination during FMLA-protected absence) and disability discrimination; the district court granted summary judgment for ManorCare, and the Eighth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dalton had a "serious health condition" under the FMLA | Dalton: her Stage One CKD, edema, and weight gain constituted a chronic serious health condition requiring periodic treatment and episodic incapacity | ManorCare: medical records showed normal kidney function, Stage One CKD tied to obesity, and symptoms did not cause recurring incapacity or prolonged inability to work | Held: Not a chronic serious health condition for FMLA purposes; symptoms were diagnostic visits/short-term and did not establish incapacity |
| Whether Dalton provided required notice to trigger FMLA protections | Dalton: she informed supervisors of medical problems and asked about FMLA eligibility at meetings | ManorCare: Dalton did not provide the specific notice required that absences on Feb 28–Mar 1 were due to a serious health condition | Held: Court focused on other grounds (lack of serious condition and legitimate reasons for termination); absence-notice issue not outcome-determinative |
| Whether termination was unlawful interference with FMLA leave | Dalton: termination followed her hospital visit and thus interfered with FMLA-protected leave | ManorCare: termination resulted from a preexisting disciplinary process for unrelated performance violations | Held: ManorCare showed legitimate, non-FMLA reasons for termination; even if Feb 28 absence were FMLA-protected, termination was for independent performance deficiencies |
| Whether ManorCare’s disciplinary policy was applied pretextually | Dalton: argued termination was effectively for medically-justified attendance | ManorCare: handbook rule and prior Final Warning supported termination after additional violations; no evidence of inconsistent enforcement | Held: No evidence of pretext; termination upheld as consistent with handbook and prior warnings |
Key Cases Cited
- Phillips v. Mathews, 547 F.3d 905 (8th Cir. 2008) (standard of review and FMLA notice/timing principles)
- Ballato v. Comcast Corp., 676 F.3d 768 (8th Cir. 2012) (interference theory requires denial of substantive FMLA rights)
- Lovland v. Employers Mut. Cas. Co., 674 F.3d 806 (8th Cir. 2012) (FMLA interference when absences counted against employee if they were protected)
- Woods v. DaimlerChrysler Corp., 409 F.3d 984 (8th Cir. 2005) (definition and scope of serious health condition under FMLA)
- Thorneberry v. McGehee Desha Cnty. Hosp., 403 F.3d 972 (8th Cir. 2005) (employee not entitled to a position or benefit beyond what would exist absent FMLA leave)