Have you ever felt that your employer was treating you unfairly because of your medical condition or need for leave? You’re not alone. Employment Discrimination laws exist to protect employees from discrimination and wrongful termination, especially when it involves health-related issues. Let’s dive into a real-life case that shows how these laws work and how they can protect you.
In Crispell v. FCA US, LLC, No. 23-1114, 2024 WL 3045224 (6th Cir. June 18, 2024), Latrice Crispell, an employee of FCA US, LLC, faced a challenging situation. She sued her employer for violating the Family and Medical Leave Act (“FMLA“) and the Americans with Disabilities Act (“ADA”). Crispell argued that FCA interfered with her right to take leave, denied her reasonable accommodations, and retaliated against her for exercising her rights.
Crispell worked at FCA’s Warrant Truck Assembly Plant since 1995. Over the years, she suffered from major depression, mood swings, and anxiety, which qualified her for intermittent FMLA leave. From 2012 to 2017, FCA approved her FMLA leave requests based on annual reports from her psychiatrist, Dr. Leon Rubenfaer, explaining her condition. However, in 2018, despite initial rejection, FCA eventually approved her FMLA leave after a revised report from Dr. Rubenfaer.
FCA’s policies required employees to report absences or tardiness at least thirty minutes before their shift. Exceptions, known as “TRAG” exceptions, and personal time allowances (PAA/PERE) could be used to cover tardiness. Despite this, Crispell faced disciplinary actions for failing to comply with the thirty-minute rule due to her condition. She received several suspensions and was eventually terminated after accumulating multiple tardies.
Crispell argued that her tardies were due to her FMLA-covered condition and that FCA’s refusal to accommodate her violated the FMLA and ADA. The United States Court of Appeals for the Sixth Circuit reversed the district court’s summary judgment in favor of FCA, remanding the case for further proceedings.
What are the relevant employment laws that relate to employees calling off work?
The key laws here are FMLA and ADA. The FMLA allows eligible employees to take up to twelve weeks of leave per year for serious health conditions that make them unable to perform their job functions. The ADA requires employers to make reasonable accommodations for employees with disabilities unless it causes undue hardship.
The purpose of these laws is to protect employees from losing their jobs when they need time off for medical reasons or require adjustments to their work environment due to a disability. These protections ensure that employees can address their health needs without fear of discrimination or wrongful termination.
Do employees have to comply with call-in rules when taking FMLA leave or needing an accommodation?
Generally, employees must comply with their employer’s usual and customary notice and procedural requirements for requesting leave, unless unusual circumstances prevent them from doing so. For instance, in Crispell’s case, FCA’s policy required her to call in at least thirty minutes before her shift. However, Crispell’s condition sometimes made it impossible for her to call in on time.
According to the Sixth Circuit, “the adequacy of an employee’s FMLA notice” is “an intensely factual determination.” This means that if an employee’s medical condition prevents them from complying with the call-in rules, the employer must consider this as part of a reasonable accommodation. Crispell provided evidence that her tardiness was due to her FMLA-covered condition, which FCA was aware of, making their rigid enforcement of the thirty-minute rule problematic.
Best FMLA Medical Leave Lawyer Blogs on Point:
- What Notice Does My Employer Have To Give Me Regarding My FMLA Rights?
- When Do I Have To Notify My Job Of My FMLA Request?
- How Do I Notify My Employer I Need FMLA Leave?
Are depression and anxiety considered disabilities and qualifying conditions under the ADA?
Yes, depression and anxiety can be considered disabilities under the ADA if they substantially limit one or more major life activities. In Crispell’s case, her major depression, mood swings, and anxiety were recognized as serious health conditions that qualified her for FMLA leave and required reasonable accommodation under the ADA. The Sixth Circuit noted, “Crispell’s symptoms would incapacitate her on an intermittent basis,” supporting her need for accommodations.
Best Disability Workplace Attorney Blogs on Point:
- ADA: Anxiety And Depression Protected, May Not Excuse Workplace Misconduct
- Top Disability Discrimination Lawyer Reply: Can I Be Fired For Having Depression Or Anxiety?
- How Do I Plead A Disability Under The ADA?
How does the ADA protect employees who need accommodations?
Under the ADA, an employee must show they have a disability, are qualified to perform the job with or without reasonable accommodation, and that the employer knew about the disability. The employee must also request a reasonable accommodation, which the employer must provide unless it causes undue hardship.
In Crispell’s case, she requested accommodations for her tardiness due to her medical condition. FCA knew about her condition and the associated challenges, yet they failed to provide the necessary accommodations. This failure to accommodate her needs was a violation of the ADA, as the Sixth Circuit noted that “retroactively granting emergency leave” can be a reasonable accommodation.
Best Disability Accommodation Law Firm Blogs on Point:
- How Are Reasonable Disability Work Accommodations Decided?
- How Specific Does An Employee Need To Make A Disability Accommodation Request?
- Who Decides Scope Of ADA Accommodations? Doctors
Did FCA violate FMLA and ADA laws?
It certainly looks like FCA violated both FMLA and ADA laws. Crispell’s tardiness was related to her FMLA-covered condition, and FCA’s refusal to accommodate her was a failure to comply with ADA requirements. Despite knowing about her condition and receiving appropriate medical documentation, FCA penalized her for tardiness.
The Sixth Circuit highlighted, “the evidence shows that Crispell referenced her FMLA-covered condition, which FCA had ample familiarity with, in two letters about her late call-ins, and provided an additional statement from her doctor.” This ruling reinforces that employers must accommodate employees’ medical conditions and cannot use rigid policies to undermine these protections.
What should employees do if they suspect they are victims of violations under the same laws?
If you suspect you are a victim of FMLA or ADA violations, it’s crucial to document your experiences meticulously. Keep records of your medical conditions, communications with your employer, and any disciplinary actions taken against you. This documentation can be vital evidence if you decide to pursue legal action.
Consulting with an experienced employment lawyer is essential. A qualified attorney can help you understand your rights, evaluate your case, and guide you through the legal process. At Spitz, The Employee’s Law Firm, we offer a free initial consultation and a no-fee guarantee, ensuring that you can seek justice without financial risk. Our vast trial experience and history of great results make us the best choice for employees facing discrimination, wrongful termination, or other employment law issues.
Disclaimer
This blog provides general information and should not be taken as legal advice. If you believe you have been wrongfully fired, faced discrimination, or have an FMLA-related issue, consult with a qualified employment lawyer for specific advice related to your situation. No promises are being made, and this blog is a legal advertisement. Staying informed about your rights and seeking legal counsel is crucial in protecting yourself against wrongful termination and discrimination.