592 F. App'x 403
6th Cir.2014Background
- Mark Judge, a woodshop employee, injured his right biceps in April 2011, underwent surgery May 18, 2011, and was approved for FMLA leave through August 9, 2011.
- Judge provided intermittent medical notes and work restrictions to HR (Karen Phillips) but did not give a clear, definite return-to-work date before his termination.
- On September 26 (assumed for summary-judgment purposes), Landscape Forms administratively terminated Judge because it could not accommodate his restrictions indefinitely and needed to maintain staffing; Judge later said he would be released to full duty by mid-November.
- Judge sued under the ADA (failure to accommodate) and FMLA (retaliation). The district court granted summary judgment to Landscape Forms on both claims.
- The Sixth Circuit affirmed: it found Judge disabled under the ADA but held he failed to request an accommodation before termination; it also held Judge established a prima facie FMLA retaliation claim but failed to show pretext.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ADA — whether Judge requested an accommodation (leave through mid-November) | Judge contends he requested leave (pointing to LTD filing and a September statement that his doctor would release him by mid-November) | Landscape Forms says no clear pre-termination request was made and LTD paperwork did not notify employer of a leave timeframe | Held: No. Employee did not make a sufficiently clear pre-termination request; duty to engage in interactive process was not triggered |
| ADA — whether requested accommodation was reasonable | Judge argues leave until mid-November was reasonable | Landscape Forms argues it could not hold the position open indefinitely without a definite return date | Held: Court did not reach reasonableness because the request element failed |
| FMLA — causation for retaliation prima facie case | Judge relies on temporal proximity between end of FMLA leave (Aug 9) and termination (late Sept) | Landscape Forms emphasizes other timing points and proffered nondiscriminatory reasons | Held: Causation satisfied (two-month proximity sufficed for prima facie case) |
| FMLA — pretext for employer’s stated reason | Judge points to temporal proximity, alleged ADA violation, and other employees fired after FMLA leave | Landscape Forms proffers legitimate reason: inability to return without restrictions and staffing needs; temporal proximity alone insufficient | Held: Pretext not shown — temporal proximity alone is inadequate and other evidence was insufficient |
Key Cases Cited
- Kleiber v. Honda of Am. Mfg., 485 F.3d 862 (6th Cir. 2007) (summary-judgment standard and employer interactive-process duties)
- DiCarlo v. Potter, 358 F.3d 408 (6th Cir. 2004) (elements of ADA failure-to-accommodate claim)
- Gantt v. Wilson Sporting Goods Co., 143 F.3d 1042 (6th Cir. 1998) (employee bears initial burden to request accommodation)
- Melange v. City of Ctr. Line, [citation="482 F. App'x 81"] (6th Cir. 2012) (no failure-to-accommodate where no pre-termination request)
- Edgar v. JAC Prods., Inc., 443 F.3d 501 (6th Cir. 2006) (FMLA retaliation framework)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (Sup. Ct.) (burden-shifting framework)
- Seeger v. Cincinnati Bell Tel. Co., 681 F.3d 274 (6th Cir. 2012) (temporal proximity can establish causation at prima facie stage)
- Skrjanc v. Great Lakes Power Serv. Co., 272 F.3d 309 (6th Cir. 2001) (temporal proximity insufficient alone to prove pretext)
- Dews v. A.B. Dick Co., 231 F.3d 1016 (6th Cir. 2000) (methods to prove pretext)