Employee Not Insulated from Discipline by Completing FMLA Paperwork

January 26, 2023

The United States Court of Appeals for the 8th Circuit ruled on December 13, 2022, that an employee on thin ice with an employer does not insulate themselves from discipline by completing Family Medical Leave Act (“FMLA”) paperwork.


An employee at Drake University for 16 years was diagnosed with multiple sclerosis (MS) during her tenure.  Despite this diagnosis, she was seemingly able to work with the dean(s) over many years without needing to file formal FMLA paperwork. However, this all changed in July 2018 when a new dean was hired.


Animosity seemed to fester as a result of the employee’s erratic work schedule. The dean was not informed of some of the employee’s absences, and continually spoke with the employee about performance and work issues. As a result, the employee was then given a performance improvement plan (PIP). This PIP laid out requirements for notice of any absences. Performance issues and any absences were documented, with FMLA time being documented separately.


The employee’s absences and performance did not seem to improve, and as a result, the employee was terminated.


The employee then filed a lawsuit against Drake University, claiming that the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) were violated.


The Court disagreed, and found that the employee had failed to provide substantial evidence to support that the termination was retaliatory or discriminatory under FMLA or ADA.


The Court held that an employee who exercises her rights under the FMLA “has no greater protection against termination for reasons unrelated to the FMLA than she did before doing so.” … “Otherwise, a problem employee on thin ice with the employer could effectively insulate herself from discipline by engaging in protected activity.”


If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

Brandon Calton admitted to the United States District Court of Connecticut

June 10, 2025
Brandon Calton is now admitted to the United States District Court, Connecticut! The Royal Law Firm is passionate about expanding our reach so that we can better serve our clients and their needs. Brandon is admitted in Massachusetts, the United States District Court of Massachusetts, and the United States District Court of Connecticut.

Federal Court Vacates EEOC’s “Abortion Accommodation Mandate” in PWFA

By Heather Child • June 9, 2025
On May 21, 2025, the U.S. District Court for the Western District of Louisiana struck down a provision in the Equal Employment Opportunity Commission’s (EEOC) final rule under the Pregnant Workers Fairness Act (PWFA), ruling that the agency exceeded its authority by requiring employers to accommodate elective abortions that are not medically necessary. Background Information: In June 2022, the U.S. Supreme Court issued a decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and eliminated the constitutional right to abortion. Congress passed the Pregnant Workers Fairness Act in December 2022, and it became effective in June 2023. The law requires employers with 15 or more employees to provide reasonable accommodation to qualified applicants or employees who have physical or mental conditions related to pregnancy, childbirth, or related medical conditions, unless doing so would cause significant difficulty or expense for the employer. In April 2024, The EEOC issued its final interpretation of the PWFA including abortion in the definition of “pregnancy, childbirth, or other related medical conditions” thereby requiring employers to provide accommodations related to abortion. In May 2024, the states of Mississippi and Louisiana sued the EEOC, arguing that the interpretation conflicted with the U.S. Supreme Court’s Dobbs decision and their respective state laws on abortion. In June 2024, Judge Joseph found that the EEOC exceeded its authority and issued a preliminary injunction postponing the effective date of the interpretation to provide accommodation for elective abortions until final judgment was entered in this matter. The final judgment was entered on May 21, 2025, that remanded the matter to the EEOC to revise the final rule and all related implementing regulations and guidances. Employer Takeaways: While employers are no longer (as of now) REQUIRED to provide accommodation for elective abortions, the remainder of the PWFA remains in full effect The decision to have or not have an abortion remains protected under Title VII The PWFA does not supersede state or local laws providing greater protection for pregnant workers. It is important to stay up to date on state regulations to ensure employers are complying with state laws. While it is still unclear how this ruling will impact employers nationwide, it is still important to continue to stay up to date on ever-changing legislation.  If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.