139 F.4th 615
8th Cir.2025Background
- Tonya Huber, a manager at a Hardee’s restaurant operated by Westar Foods, suffered from diabetes and experienced a diabetic episode causing her to miss work and fail to follow Westar’s call-in attendance policy.
- Huber had prior attendance violations and had been warned that further issues could lead to termination.
- After her diabetic episode, the restaurant opened late, and Huber did not notify her supervisors about her absence until the next day, claiming incapacity from her condition.
- Westar terminated Huber for failure to comply with its call-in procedures and later denied her FMLA leave, citing insufficient notice.
- Huber sued Westar, alleging interference and retaliation under the FMLA and disability discrimination under the ADA and Nebraska law.
- The district court granted summary judgment for Westar on all claims; the Eighth Circuit reviewed this decision en banc.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FMLA Interference | Westar denied FMLA benefits despite notice of serious health condition | Westar was unaware of need for leave before decision to terminate | Jury could find for Huber; summary judgment reversed/remanded |
| FMLA Retaliation | Firing was motivated by request/use of FMLA leave | Termination was for attendance policy violations, not FMLA use | No genuine dispute on retaliation; summary judgment affirmed |
| ADA/Nebraska Discrimination | Firing was due to diabetes (disability) and lack of accommodations | Termination was for neutral, previously-disciplined policy violations | No genuine dispute on discrimination; summary judgment affirmed |
| Procedural/Pretext | Timing & supervisor behavior show possible pretext | Consistent application of policy justifies decision | Timing alone insufficient; no triable discrimination issue |
Key Cases Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (summary judgment standard for genuine issue of material fact)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (burden-shifting framework for indirect discrimination)
- Raytheon Co. v. Hernandez, 540 U.S. 44 (termination for misconduct vs. disability under ADA)
- Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (pretext and credibility in summary judgment/discrimination)
- Stallings v. Hussmann Corp., 447 F.3d 1041 (no FMLA interference if dismissal reason unrelated to leave)
- Torgerson v. City of Rochester, 643 F.3d 1031 (pretext requires more than mere temporal proximity)