Schummer v. Black Bear Distribution, LLC
2013 U.S. Dist. LEXIS 115387
D.N.J.2013Background
- Black Bear Distribution, LLC employed Schummer since 2007 in shipping/receiving; he was promoted to third-shift supervisor in 2009.
- Schummer's mother died in May 2011; he took bereavement leave and vacation, then began experiencing depression and anxiety.
- Schummer returned to work Aug. 22, 2011; by Sept. 19–20, 2011 he was allegedly unfit for work, slurring speech, nodding off, and having trouble standing.
- Schummer was suspended and then terminated Sept. 21, 2011 for reporting to work in an unfit condition and for neglect/cailure to perform duties.
- HR facilitated FMLA paperwork; Dr. Hawkins signed the FMLA form after some delay; Schummer claimed FMLA leave and anticipated treatment.
- Defendants moved for summary judgment on all counts; the court resolves disputes in Schummer’s favor for the purposes of the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is a causal link between FMLA leave and termination | Schummer asserts timing and pretext show retaliation | Defendants relied on documented unfitness for work | No causal link; timing not unusually proximate; no pretext shown |
| Whether pretext exists to support FMLA retaliation | Records show inconsistent reasons and hostility to FMLA leave | Reasons were consistent and supported by evidence Schummer was unfit | No pretext; reasons consistent; no retaliatory animus shown |
| Whether NJLAD discrimination/retaliation claims survive | Schummer was disabled or perceived disabled and terminated after FMLA leave | No pretext; termination based on inability to perform duties | NJLAD claims fail; cannot show pretext or causation |
| Whether NJFLA claim survives alongside FMLA claim | Claims mirror FMLA retaliation | NJFLA analyzed under same standard as FMLA | Granted summary judgment on NJFLA claim as well |
Key Cases Cited
- Fuentes v. Perskie, 32 F.3d 759 (3d Cir. 1994) (pretext standard; evidence to show employer’s reasons unworthy of credence)
- Marra v. Phila. Hous. Auth., 497 F.3d 286 (3d Cir. 2007) (context for proving causation and pretext; pattern of antagonism)
- Conoshenti v. Public Serv. Elec. & Gas Co., 364 F.3d 135 (3d Cir. 2004) (McDonnell Douglas framework for circumstantial FMLA claims)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (summary judgment standard; genuine issues of material fact)