FMLA Claim Failed Where Employee Did Not Show That Absences Resulted From Serious Health Condition
After being disciplined and ultimately terminated, Tracy Caskey sued her former employer and its parent company. Caskey alleged that the defendants: (1) interfered with her right to medical leave, in violation of the Family and Medical Leave Act (“FMLA”); (2) discriminated against her because of her sex, in violation of Title VII of the Civil Rights Act of 1964; and (3) retaliated against her for exercising her rights under the FMLA, Title VII, and Indiana law. The district court granted summary judgment for the defendants, finding that Caskey's discipline was lawful and that her termination resulted from three unexcused absences from work.
On appeal, the 7th Circuit affirmed, holding that: (1) Caskey’s FMLA claim failed because she did not present sufficient evidence to show that the string of absences was the result of a serious health condition; (2) Caskey’s Title VII discrimination claim failed because she could not identify any similarly situated male employee who was treated any differently than she was. Even if she had such evidence, she would still have to show that her employer’s legitimate and non-discriminatory reason for its action was pretext (i.e., a “lie”), and she failed to do so; and (3) Caskey produced no evidence to support her retaliation claims.
Caskey v. Colgate-Palmolive Co.
The 7th Circuit Court of Appeals’ jurisdiction includes Illinois, Indiana and Wisconsin.