Wayne Jackson v. City of Hot Springs
751 F.3d 855
8th Cir.2014Background
- Jackson was employed by Hot Springs as a welder/machinist; he took FMLA leave in 2010 due to medical issues, and was terminated after failing to return to work.
- Hot Springs offered additional paid/unpaid leave; ultimately Jackson could not return by the extended deadline, triggering termination.
- After leave, Jackson sought reinstatement; interviews were conducted, but Jackson was not rehired despite being rated most qualified.
- Merriman, the supervisor, criticized the process as a ‘mistake’ not to rehire, but later claimed interview procedural deficiencies and skill gaps by Jackson as reasons for not rehiring.
- Jackson later sued in state court, removed to federal court; the district court granted some summary judgments and submitted remaining retaliation and disability-discrimination claims to a jury.
- The jury awarded Jackson back pay and emotional distress for FMLA/ACRA retaliation; liquidated damages were denied and emotional distress was later vacated as to ACRA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence of FMLA retaliation | Jackson can show the employer used FMLA leave against him | HOSPITAL lacked causal link between leave and non-rehiring | Affirmed denial of JML on FMLA retaliation; sufficient causation shown |
| Whether Jackson's ACRA disability-discrimination claim survives | Disability plus failure to rehire due to disability | No proof of adverse action based on disability; may be pretextual | Affirmed JML on ACRA disability-discrimination claim |
| Whether emotional-distress damages were recoverable | ACRA permits emotional-distress damages for retaliation | ACRA retaliation based on FMLA not permit emotional damages; ADA theory not tried | Affirmed vacatur of emotional-distress damages |
| Whether liquidated damages under the FMLA should be awarded | District court abused discretion by denying liquidated damages | Good faith and reasonable grounds supported by district court | Reversed district court; liquidated damages awarded |
Key Cases Cited
- Hite v. Vermeer Mfg. Co., 446 F.3d 858 (8th Cir. 2006) (FMLA retaliation standard and burden-shifting guidance)
- Pulczinski v. Trinity Structural Towers, Inc., 691 F.3d 996 (8th Cir. 2012) (retaliation proof via circumstantial evidence and McDonnell Douglas approach)
- Arabian Agric. Servs. Co. v. Chief Indus., Inc., 309 F.3d 479 (8th Cir. 2002) (standard for reviewing sufficiency of evidence on evidence-based appeal)
- Porous Med. Corp. v. Pall Corp., 173 F.3d 1109 (8th Cir. 1999) (definitive statement on basis for affirming district court on any supported ground)
- Thorson v. Gemini, Inc., 205 F.3d 370 (8th Cir. 2000) (liquidated damages standard under FMLA)
- Menz v. New Holland N. Am., Inc., 440 F.3d 1002 (8th Cir. 2006) (abuse of discretion standard for liquidated damages)