Ratcliff v. Mountain Brook Board of Education, 2:11-cv-00029

Ratcliff, an African American female, worked as a custodian for Mountain Brook Board of Education starting December 4, 2006 on a probationary basis under the Alabama Fair Dismissal Act.
Evaluations during employment (Aug 13, 2007; May 3, 2008; Jun 9, 2009) criticized her attitude; ratings were mostly Below Standard, with the 2008 showing both Below Standard and Standard.
On Oct 7, 2009, the principal recommended termination to the superintendent, citing last evaluation and potential for better performance; the superintendent approved the recommendation and the Board was asked to approve on Oct 12, 2009.
Ms. Ratcliff sought leave on Oct 12, 2009 to care for her sick mother; assistants were told the Board was considering her termination that day, and the Board approved termination that afternoon.
The Court found the October 12, 2009 termination decision was effectively made prior to her leave request; prior decisions by principal/superintendent indicated termination for poor performance.
Plaintiff alleged six counts: FMLA interference, ADA disability discrimination, Title VII race discrimination, § 1981 race discrimination, Alabama disability discrimination, and state law removal race discrimination; the court later granted summary judgment on the race-based claims and certain other claims, and dismissed state law claim without prejudice while retaining federal claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Ratcliff's FMLA interference claim survives	Ratcliff asserts termination aimed to punish leave request.	Termination decided before leave request; not interference.	FMLA interference claim failed as a matter of law.
Whether Ratcliff had a disability under ADA/ADAAA at termination	High blood pressure impaired major life activities; would support disability.	Insufficient evidence of disability or pretext; most custodians had hypertension.	No substantial evidence of a disability supported at time of termination; ADA claim dismissed.
Whether Ratcliff's ADA/disability claim was pretextual for discrimination	Disability status used to justify termination.	Reasons were based on evaluations, attitude, and proximity to non-probationary status; not pretextual.	No evidence of pretext; ADA claim dismissed.
Whether Ratcliff's Title VII/§ 1981 race discrimination claims survive	Discrimination based on race in termination decision.	Evidence insufficient; plaintiff conceded failure on those claims.	Race discrimination claims granted summary judgment for defendant; dismissed.

Krutzig v. Pulte Home Corp., 602 F.3d 1231 (11th Cir. 2010) (FMLA leave request timing determines interference claim viability)
Raney v. Allstate Ins. Co., 370 F.3d 1086 (11th Cir. 2004) (discretion to dismiss pendant state claims when federal claims wane)