Plaintiffs Made Out Prima Facie Case Of FMLA Retaliation
James Breneisen, Anna Lineweaver, and several other employees claimed that their supervisors at Motorola, Inc.'s Service Center in Rockford, Illinois penalized them for taking medical leave under the Family and Medical Leave Act (FMLA). They said that they were demoted, denied raises, questioned upon return from leave, and given negative performance evaluations. To support their allegations, they offered the declarations of twenty-three others who claimed that Motorola discriminated against persons using FMLA leave. In 2002, the plaintiffs sued Motorola and several individual defendants claiming discrimination and retaliation in violation of the FMLA, as well as intentional infliction of emotional distress (IIED). Breneisen also alleged that he was denied his right to be reinstated to his previous position or an equivalent one when he returned from a FMLA leave.
The district court granted summary judgment for Motorola on all claims. The court found that Breneisen could not show that he was reassigned because he had taken leave, the other plaintiffs had not suffered any adverse actions, and the plaintiffs' IIED claims were preempted by the FMLA.
On appeal, the 7th Circuit reversed the grant of summary judgment on Breneisen’s FMLA claims because he had offered evidence to show that the position he held before taking leave was eliminated only because he had taken leave and that he was demoted upon returning from leave. The court also reversed the grant of summary judgment on Lineweaver's FMLA claims because an issue of material fact existed as to whether she was denied a tuition reimbursement because of her use of FMLA leave.
The 7th Circuit affirmed with respect to the other plaintiffs' FMLA claims because they failed to show that they were subjected to adverse actions or that actions were taken on account of their exercise of FMLA rights. The grant of summary judgment on all the plaintiffs' IIED claims was also proper because the plaintiffs were not subjected to extreme and outrageous conduct.
Breneisen v. Motorola
The 7th Circuit Court of Appeals’ jurisdiction includes Illinois, Indiana and Wisconsin.