MUNS v. CAMDEN COUNTY BOARD OF SOCIAL SERVICES
1:17-cv-00587
| D.N.J. | Jul 17, 2019Background
- Deborah Muns (b. 1957) worked for Camden County Board of Social Services (CCBSS) from 1978 until retirement in Dec. 2015; she held a Human Service Specialist II role.
- In 2015 Muns sought FMLA leave four times: to care for her ill mother (granted), to administer her mother’s estate (denied), for her own rheumatoid arthritis (third request; denied after employer-ordered second opinion), and for intermittent leave for arthritis (fourth request; denied after same second opinion and a binding third opinion).
- CCBSS obtained a second medical opinion (Dr. Pinsky) and, after a jointly-selected third physician (Dr. Barr), denied FMLA leave requests; Dr. Barr’s binding opinion terminated pending FMLA requests.
- Muns alleges FMLA interference (Count I), FMLA retaliation (Count II), NJLAD age discrimination (Count III), and an NJWPCL wage claim (Count IV); she and counsel withdrew the NJWPCL claim.
- District court considered five alleged interference acts: requiring second opinion/denying third request; denying fourth (intermittent) request; failing to code provisional leave as FMLA; failing to provide copy of second medical report timely; failing to reimburse travel expenses to required appointments.
- Court granted summary judgment to defendant on Counts I and II (interference and retaliation) and declined to exercise supplemental jurisdiction over the state-law age claim (Count III), dismissing it without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether employer violated FMLA by requiring a second medical opinion / denial of third (continuous) leave | Muns: employer lacked a "reasonable" basis to doubt Dr. Traisak; requiring second opinion interfered with FMLA rights | CCBSS: statute/regulation permits a second opinion whenever employer has "reason to doubt" validity; timing and prior denial of estate leave gave reason to doubt | Court: employer lawfully required second opinion; timing provided "reason to doubt"; denial did not constitute FMLA interference because Muns failed to show entitlement or prejudice |
| Whether denial of fourth (intermittent) leave was improper | Muns: intermittent request raised new limitations (standing/computer work) distinct from continuous request | CCBSS: Pinsky’s recent exam supported denial; no evidence condition changed in nine days | Court: no genuine dispute a jury could find condition changed; denial was not interference |
| Whether employer interfered by not coding provisional leave as FMLA while second/third opinions pending | Muns: failure to code as FMLA prevented meaningful exercise of rights | CCBSS: employee was allowed paid time off and later provisionally allowed FMLA pending third opinion; employer answered questions and had discretion to treat time under leave policies | Court: no meaningful prejudice shown; failure to initially code did not constitute FMLA interference |
| Whether failure to timely provide copy of second medical report and failure to reimburse travel expenses constituted interference | Muns: she was entitled to a copy within five business days and to reimbursement for travel to employer-ordered exams; lack of these violated regulations and prejudiced her | CCBSS: denied copy because employer paid for exam; Muns never requested reimbursement at the time and incurred negligible expense | Court: even if regulatory timing was missed, Muns showed no meaningful prejudice; no interference for failure to provide report or to seek/recover travel expenses |
Key Cases Cited
- Anderson v. Liberty Lobby, 477 U.S. 242 (summary-judgment standard)
- Matsushita Elec. Indus. Co. v. Zenith Radio, 475 U.S. 574 (summary-judgment standard)
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary-judgment burden-shifting)
- Ragsdale v. Wolverine World Wide, Inc., 535 U.S. 81 (prejudice required for FMLA damages)
- Callison v. City of Philadelphia, 430 F.3d 117 (FMLA interference focused on entitlement to benefits)
- Capps v. Mondelez Global, LLC, 847 F.3d 144 (elements of FMLA interference claim)
- Conoshenti v. Pub. Serv. Elec. & Gas Co., 364 F.3d 135 (notice failures can be interference when they prevent meaningful exercise of rights)
- Adams v. Anne Arundel County Pub. Sch., 789 F.3d 422 (employer may order second/third exam when it doubts validity of medical certification)