Gloria Marshall v. Rawlings Co.

854 F.3d 368, 2017 FED App. 0089P, 2017 WL 1404185, 2017 U.S. App. LEXIS 6854, 101 Empl. Prac. Dec. (CCH) 45,783, 33 Am. Disabilities Cas. (BNA) 688, 27 Wage & Hour Cas.2d (BNA) 409
Court of Appeals for the Sixth Circuit·Decided April 20, 2017·No. 16-5614·Published·Cited by 119 cases

Opinions

MOORE, J., delivered the opinion of the court in which WHITE, J., joined, and SUTTON, J., joined in part. SUTTON, J. (pp. 386-87), delivered a separate opinion concurring in part and dissenting in part.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Plaintiff-Appellant Gloria Marshall appeals the district court’s judgment granting summary judgment for Defendant-Ap-pellee The Rawlings Company. Marshall was an employee of The Rawlings Company. After taking time off under the Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., for mental-health problems, which are a disability covered by the Americans with Disabilities Act (ADA), 42 U.S.C. § 12112, Marshall was demoted and [373]*373then fired. Marshall alleges claims of FMLA interference, FMLA retaliation, ADA retaliation, and intentional infliction of emotional distress. The district court granted The Rawlings Company’s motion for summary judgment on all four claims. For the reasons discussed below, we AFFIRM the district court’s judgment on Marshall’s claims of FMLA interference and intentional infliction of emotional distress, REVERSE the district court’s judgment on the FMLA retaliation and ADA retaliation claims, and REMAND for further proceedings consistent with this opinion.

I. BACKGROUND

The Rawlings Company provides recovery or “cost containment” services to health insurance providers. R. 34-2 (Plum-ley Aff. at ¶ 6) (Page ID #165); R. 34-3 (Eisner Dep. at 13-14) (Page ID #170). Gloria Marshall began working as a Workers’ Compensation Analyst for The Rawl-ings Company in 2006 and was promoted to Team Lead in 2011. R. 37-1 (Marshall Dep. at 57-60) (Page ID #341).

Marshall suffers from depression, anxiety, and post-traumatic stress disorder. Appellant Br. at 4; R. 34-5 (Marshall Dep. at 109-10) (Page ID #220); R. 37-1 (Marshall Dep. at 40) (Page ID #337). To receive treatment for her mental-health problems, Marshall took her first FMLA leave in February and March 2012. R. 34-5 (Marshall Dep. at 132) (Page ID #224). Marshall’s FMLA leave was not planned in advance; she took leave unexpectedly to address acute mental-health problems. Id. at 109, 112-13, 134 (Page ID #220-21, 225).

When Marshall returned from leave, she had a backlog of work waiting for her. Id. at 133-36 (Page ID #225). Although Marshall did not accumulate new work while she was on leave, there was old work that she had not finished because her leave was unexpected. Id. at 13.3-34 (Page ID #225). Marshall testified that she asked for but was denied assistance clearing out this backlog. Id. at 177-78 (Page ID #229). The Rawlings Company, on the other hand, claimed that Marshall did receive assistance catching up on her work. See R. 40 (Reply in Support of Summ. J. at 12) (Page ID #507).

In addition to the conflicting evidence about how much help Marshall received catching up on her backlog, there is also conflicting evidence about whether having a backlog was common or, rather, the sign of a serious problem. Another team lead, Elizabeth Estrada, testified that “[i]t was a constant struggle for all Team Leads to stay on top of closing the NR1 files and I know of many Team Leads who had a constant inventory of NR files that needed closing.” R. 37-12 (Estrada Aff. at ¶ 12) (Page ID #435). This statement is imprecise about whether other team leads succeeded in their “struggle” to keep up with the “constant inventory of NR files that needed closing.” Id. Estrada pointed to an example of an analyst with “a history of tremendous backlog” who was nevertheless promoted to a team-lead position, but this statement is again imprecise. Id. at ¶ 15 (Page ID #435). Estrada did not give any context about either what constitutes a “tremendous” backlog or about the analyst’s other qualifications. Id. For its part, The Rawlings Company pointed to an example of another team lead with a backlog, explaining that it treated Marshall and the [374]*374other team lead similarly. R. 34-1 (Def.’s Mot. for Summ. J. at 7) (Page ID #131); R. 34-5 (Marshall Dep. at 189-98) (Page ID #231-32). In addition, The Rawlings Company noted that correspondence between Marshall and Vice President Jeff Bradshaw showed that Marshall was consistently falling behind even though she was allegedly working ten to twelve hours per day. R. 34-1 (Def.’s Mot. for Summ. J. at 7) (Page ID #131); R. 34-14 (Marshall & Bradshaw Emails) (Page ID #253-58); R. 34-5 (Marshall Dep. at 214) (Page ID #234). This correspondence may indicate that Marshall’s performance problems were more severe than other team leads’ problems, but it does not provide informar tion about whether other team leads also struggled, or any other basis of comparison, and does not rebut Estrada’s testimony. We do know that after Marshall cleared out her backlog of NR files, Bradshaw quickly became worried that a new backlog was forming. R. 37-2 (Eisner Dep. at 80) (Page ID #398). “[A]t that point [Bradshaw] didn’t think [Marshall] was succeeding in her role.” Id.

In September 2012, The Rawlings Company demoted Marshall from team lead to analyst, the position she initially held at the company. R. 34-2 (Plumley Aff. at ¶ 9) (Page ID #165). Mike Eisner, Division Director for the Workers’ Compensation Division and Marshall’s second-level supervisor, testified that Bradshaw recommended demoting Marshall to Laura Plumley, then the President of the division, id. at ¶ 8 (Page ID #165), and that demoting Marshall was Plumley’s decision, R. 37-2 (Eisner Dep. at 80) (Page ID #398). Plumley confirmed Eisner’s testimony that she “was the final decision-maker in demoting Plaintiff [Marshall].” R. 34-2 (Plumley Aff. at ¶ 9) (Page ID #165). Plumley stated that her “decision was based solely on Plaintiffs performance as an Analyst and a Team Lead,” although she did not state what role Bradshaw’s recommendation played in her conclusion that Marshall was performing inadequately. Id. at ¶ 12 (Page ID #165). Plumley also said that she “was not familiar with” Marshall’s FMLA leave or health conditions when she decided to demote Marshall. Id. at ¶ 12 (Page ID #165). Plumley did not inform Marshall about the demotion; Plumley had Bradshaw and Eisner inform Marshall. Id. at ¶ 13 (Page ID #165).

Some evidence in the record indicates that after being demoted Marshall excelled as an analyst, but other evidence indicates that she struggled to keep up with her workload even after being given less responsibility. On the one hand, upon Marshall’s return from her second leave, she was recognized as a high-performing analyst for having one of “the five highest submitted recoveries in the first quarter” of 2013. R. 37-23 (Eisner Email to Analysts) (Page ID #458). In June 2013, Marshall was exceeding the standard for amount of money invoiced. On the other hand, she was below the standard on other metrics, including number of checks recovered each month, number of files worked on per day, and number of outgoing calls per day. R. 37-2 (Eisner Dep. at 134-36) (Page ID #410); R. 34-18 (Mid-Year Assessment) (Page ID #274-75). Marshall’s supervisor Matthew Monyhan submitted a mid-year report covering the first half of 2013 emphasizing similar difficulties. R. 34-Í8 (Mid-Year Assessment) (Page ID #274-75).

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Gloria Marshall v. Rawlings Co., 854 F.3d 368, 2017 FED App. 0089P, 2017 WL 1404185, 2017 U.S. App. LEXIS 6854, 101 Empl. Prac. Dec. (CCH) 45,783, 33 Am. Disabilities Cas. (BNA) 688, 27 Wage & Hour Cas.2d (BNA) 409 (6th Cir. 2017).

854 F.3d 368 (Gloria Marshall v. Rawlings Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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