New England Biz Law Update
The 7th U.S. Circuit Court of Appeals has upheld the dismissal of a lawsuit brought by a former Chicago Transit Authority employee, concluding that the employee was terminated for violating the employer’s Family and Medical Leave Act procedures, not because he is transgender.
The decision addresses both FMLA administration and Title VII discrimination claims, demonstrating the importance of consistently applying leave policies and documenting the reasons for employment decisions.
The employee requested intermittent FMLA leave for back pain. After receiving conflicting medical opinions regarding the need for leave, the Chicago Transit Authority’s leave management vendor requested a third medical opinion, as permitted under the FMLA when the first two opinions conflict.
According to the court, the employee did not respond to instructions for scheduling the third evaluation. The leave request was ultimately denied, but the employee continued reporting FMLA absences directly to the employer rather than through the required leave management process. After the employer discovered discrepancies between its attendance records and the vendor’s records, the employee was terminated.
The 7th Circuit agreed that the employer had complied with the FMLA certification process and that the employee failed to present evidence creating a genuine dispute over whether the leave procedures had been properly administered.
Discrimination claims also rejected
The employee also alleged that his termination was motivated by his gender identity, pointing to his advocacy regarding restroom policies and insurance coverage for gender-transition-related care.
The court found no evidence connecting those activities to the termination decision, concluding that the employer had established a legitimate, nondiscriminatory reason for the discharge based on the employee’s failure to comply with its FMLA leave procedures.
The decision illustrates that employers may successfully defend both FMLA and discrimination claims when they consistently administer leave policies, follow the certification procedures permitted under the FMLA, and maintain clear documentation supporting disciplinary decisions.
