Atlanta Employment Attorneys Blog
Succeeding in advancing a Family and Medical Leave Act retaliation or interference claim (or defending against such an allegation) requires many things. It demands knowing all of the elements you must prove for success, and what the law says you need to satisfy those elements. A knowledgeable and experienced Atlanta FMLA interference lawyer can be essential to achieving this successful outcome.
A recent race discrimination and FMLA interference lawsuit illustrates some of the similarities between those two federal claims, including when it comes to the proof required to win.
The employee who sued, G.L., held a managerial position in the City of Atlanta’s agency responsible for providing drinking water and managing wastewater. While the manager was out on FMLA leave, an emergency occurred when one of the agency’s plants ran out of fluoride water treatment. Although an investigation eventually revealed that a higher-ranking employee (the deputy commissioner) knew about the shortage for “several days” before G.L. found out, the employer nevertheless demoted the manager after the shortage incident.
Later, G.L. interviewed for a director position, but the city chose a male candidate who lacked the credentials she had and, at one time, had been G.L.’s subordinate.
The woman eventually left her job with the city and sued for sex discrimination and FMLA interference.
The trial court ruled in favor of the employer, and the appeals court upheld that decision. In reaching its conclusions, the appeals court highlighted several key points worth noting about FMLA retaliation lawsuits.
How the McDonnell Douglas Framework Works
For one thing, an employee who seeks to win an FMLA retaliation claim must clear procedural hurdles that mirror what discrimination plaintiffs must overcome. These hurdles are what is called the “McDonnell Douglas framework,” which takes its name from the 1973 U.S. Supreme Court case of McDonnell Douglas v. Green. In that case, the court established a three-component test for courts to use in determining whether a worker has a valid case.
The first hurdle places a burden on the employee to establish a “prima facie case.” This includes demonstrating membership in a protected class, qualification for the job you held (or sought), enduring an adverse employment-related action, and circumstances that create an “inference of discrimination.”
Once the employee does that, the responsibility shifts to the employer to offer a legitimate reason for the adverse action taken against the employee. If the employer does that, the employee has the opportunity to prove that the stated legitimate reasons your employer listed were really just pretexts for illegal motivations (like discrimination or FMLA retaliation).
In G.L.’s case, the courts concluded that she had a prima facie case and the employer had legitimate reasons for demoting her and later denying her a promotion. The woman’s case failed because she did not have evidence that showed the employer demoted her or rejected her application for a promotion because of her sex or because she used FMLA leave. The employer said G.L. was insubordinate, “lacked accountability and professionalism,” and had “persistent communication deficiencies.” The woman did not counter these bases for the city’s actions. Because she did not rebut them, she failed to clear the last hurdle of the framework and lost her case.
All of these proof requirements may seem overwhelming, and successfully pursuing or defending an FMLA retaliation case can often be complex, multi-faceted, and challenging. That is why, when you need to take action — or defend against an action — you need skilled legal counsel. The experienced Atlanta FMLA retaliation attorneys at the law firm of Parks, Chesin & Walbert can help. Our knowledgeable team has an extensive track record of success in representing both employers and employees in cases involving claims of FMLA retaliation, FMLA interference, or both. Contact us through this website or at 404-873-8048 to schedule a consultation today to get the advice and guidance you need.