Margaret Mullendore v. City of Belding
872 F.3d 322
6th Cir.2017Background
- Margaret Mullendore was City Manager of Belding, Michigan; Council could terminate her at will subject to charter/contract provisions.
- She informed council via a January 6, 2015 memorandum that she would have ankle surgery on January 15, would be off work until January 27, and planned to work remotely for limited tasks; city purchased a laptop for remote access.
- Some city staff recalled Mullendore declined to complete FMLA paperwork, saying she would only take a few days and work from home; she did not formally apply for FMLA.
- Council member Dennis Cooper, who opposed Mullendore, publicly announced he would push for termination as soon as permitted under the charter; Cooper moved to terminate on January 20, 2015 at a meeting Mullendore did not attend and the motion passed.
- Mullendore sued under the FMLA for interference/retaliation; the district court granted summary judgment for defendants, holding (1) insufficient notice of FMLA leave and (2) the termination was for legitimate, nondiscriminatory political reasons.
- The Sixth Circuit affirmed, finding Mullendore failed to show termination was because she took FMLA-protected leave or that the proffered political reason was pretextual.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mullendore gave sufficient notice of intent to take FMLA leave | January 6 memo and communications put Council on notice she would be absent and need accommodations — thus FMLA-qualifying notice | Memo described accommodation/remote work, not a request for formal FMLA leave; she declined to complete FMLA paperwork | Court viewed notice as disputed but irrelevant because plaintiff failed to show adverse action was due to FMLA leave |
| Whether termination violated FMLA interference provision | Termination while she was on/around medical leave shows interference with FMLA rights | Termination was motivated by political controversy and desire to remove Mullendore, unrelated to her medical leave; timing was opportunistic | Held termination was for legitimate, non-FMLA reasons; plaintiff offered only a scintilla of evidence of pretext, insufficient to defeat summary judgment |
| Whether defendants’ proffered reason was pretext for FMLA discrimination | Council’s claim of political motive lacked basis or was insufficient; some council members were hesitant and timing suspicious | Evidence shows longstanding political opposition predating surgery; motion timing explained by charter and political opportunity | Held plaintiff failed to show the proffered reason (political strife) had no basis, did not motivate the conduct, or was insufficient; no genuine dispute of material fact |
| Whether summary judgment was appropriate | Material factual disputes exist as to notice and motive requiring trial | Even accepting disputed facts, no evidence that termination was because she took FMLA leave; summary judgment proper | Affirmed: plaintiff failed to raise triable issue that termination was because of FMLA leave; summary judgment appropriate |
Key Cases Cited
- Novak v. MetroHealth Med. Ctr., 503 F.3d 572 (6th Cir.) (elements for FMLA interference claim and summary judgment standards)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (1986) (summary judgment standard and drawing inferences for nonmoving party)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) ("mere scintilla" standard and requirement that evidence permit a reasonable jury verdict)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (burden-shifting framework for discrimination claims)
- Donald v. Sybra, Inc., 667 F.3d 757 (6th Cir.) (interference requires adverse action based on employee's FMLA leave)
- Grace v. USCAR, 521 F.3d 655 (6th Cir.) (employer may offer legitimate non-FMLA reason; plaintiff may rebut by showing pretext)
- Arban v. West Publ’g Corp., 345 F.3d 390 (6th Cir.) (employer may dismiss employee if dismissal would have occurred regardless of FMLA leave)
- Jaszczyszyn v. Advantage Health Physician Network, [citation="504 F. App'x 440"] (6th Cir.) (application of McDonnell Douglas framework to FMLA interference)