On December 4, 2014, the Eleventh Circuit upheld summary judgment in favor of an employer against a pregnant employee who requested FMLA, who had been told "that [her] pregnancy was affecting [her] effectiveness" at work, and who had complained to the Ethics Hotline about the comments and actions taken against her.
The case is Torres-Skair v. Medco Health Solutions, Inc. In this case, the employee claimed that she was discriminated against due to her pregnancy, and that she was retaliated against after making complaints about the discrimination. However, the employer was able to overcome the employee's claims of discrimination based on pregnancy, as well as her retaliation claim. The Eleventh Circuit ruled that "deficient job performance remains a non-discriminatory basis on which employers may make employment decisions, so long as performance standards are applied in equally."
In this case, the employee was unable to show an unequal application, which negated her claim of discrimination. The employee's claims that she was unfairly placed on administrative leave and then terminated did not persuade the Court. The employer was able to offer three valid and non-discriminatory reasons for its actions against the employee, which precluded the employee's claim of pretext. The Court also supported its conclusion that that there was no pretext "by relying on the employer's good faith belief and not on the employee's perception."
The Court also rejected the employee's retaliation claim, stating that the employee's contention that there was a causal connection between her complaints and adverse action was nothing more than "mere speculation" and far too indirect to be actionable.
If you have a question regarding your employment rights, contact Ambuter Law for your free case evaluation.
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