Yes, employers can retaliate, but that doesn’t mean it’s legal. Picture this: you file a complaint about employment discrimination or take FMLA leave to care for a loved one. You think you’re doing the right thing. But instead of a gold star for following workplace policies, you get reassigned, micromanaged, or even fired. Sound unfair? That’s because it often is.
Unfortunately, retaliation like this happens far too often. In Donya D. Decou-Snowton v. Jefferson Parish, No. 24-30079, 2024 WL 4879466 (5th Cir. Nov. 25, 2024), the United States Court of Appeals for the Fifth Circuit reviewed claims of retaliation under the FMLA and Title VII of the Civil Rights Act of 1964. This case is a prime example of how employers try to skirt employment laws—and why you need a strong advocate on your side when they do.
The Facts: A Story of Retaliation and Disputed Policies
Donya Decou-Snowton worked for Jefferson Parish for over a decade, rising to a supervisory position in its Drug Court unit. Her troubles began after she participated in an anonymous complaint about race discrimination in 2019.
The retaliation, according to Snowton, began with rumors about her involvement in the complaint. She was criticized during a meeting where she claimed to have been personally attacked by her supervisors, and her reassignment from her role in the Drug Court to another position felt like a demotion, even though her title and pay didn’t change.
The situation escalated when Snowton took FMLA leave to care for her husband and herself. Jefferson Parish monitored her Facebook activity, contacted her husband’s physician despite policies prohibiting such behavior, and failed to remind her about returning to work—a step it had taken for others.
After her leave ended, the Parish presumed she had resigned when she didn’t return on the specified date. Snowton argued that the lack of reminders and the confusion surrounding her leave left her unaware of her required return date, meaning that she was wrongfully fired. To make matters worse, her supervisors issued a negative performance review even after her presumed resignation.
What Does Employment Retaliation Look Like?
Retaliation can take many forms, both obvious and subtle. In Snowton’s case, the alleged retaliation included monitoring her social media, contacting her husband’s physician, and issuing a negative performance review post-resignation. These actions paint a picture of how retaliation can unfold in the workplace.
But what does the law consider retaliation? According to the Court, an adverse action is “a materially adverse action that ‘might have dissuaded a reasonable worker from making or supporting a charge of discrimination.’” Id. quoting Lindsley v. TRT Holdings, Inc., 984 F.3d 460, 470 (5th Cir. 2021). Snowton’s reassignment and presumed resignation were considered adverse actions, but the Court found no causal connection between these actions and her complaints or leave.
Best Retaliation Attorney Blogs on Point:
- Title VII Doesn’t Protect Against All Retaliation
- What Is The Difference Between FMLA “Interference” And “Retaliation”?
- You Can Win Retaliation Claims Even If You Lose Discrimination Claims
- Is It Illegal For My Job To Retaliate Against Me For Reporting Discrimination And Harassment?
How Do Courts Evaluate Retaliation Claims?
Retaliation claims under FMLA or Title VII follow a three-step process. First, the employee must establish a prima facie case by showing they engaged in protected activity, experienced an adverse employment action, and that a causal connection exists between the two.
Once the employee meets this burden, the employer must provide a legitimate reason for the adverse action. The burden then shifts back to the employee to show that the employer’s reason is pretextual.
In Decou-Snowton, the Court held: “Jefferson Parish provided substantial leave beyond the FMLA period, and their stated concerns about maintaining safety and staffing levels were legitimate.” The Court also held that while some of the Parish’s actions deviated from policy, they did not rise to the level of pretext.
Best Wrongful Termination Lawyer Blogs on Point:
- How Do You Prove Causation In A Retaliation Claim?
- Employment Retaliation Cannot Be Based On Protected Conduct The Employer Never Knew About
- Proving Discrimination And Retaliation Claims Under Title VII
Why Didn’t the Court Rule in Her Favor?
The Fifth Circuit Court of Appeals ruled against Snowton, affirming the dismissal of her claims. The key issues were timing and causation. For her FMLA retaliation claim, the Parish argued that its decision to presume her resignation was due to her extended leave creating safety and staffing challenges. Snowton did not sufficiently counter this explanation. The Court noted, “While Jefferson Parish did not remind Snowton to return to work, it was clear from her FMLA paperwork that she was aware of her return date.” For her Title VII retaliation claim, the Court found the alleged retaliatory actions occurred too long after her complaint to establish causation. It emphasized that “temporal proximity between protected activity and an adverse action must be very close.” Id., quoting Besser v. Tex. Gen. Land Off., 834 F. App’x 876, 884 (5th Cir. 2020).
What Should You Do If You Suspect Retaliation?
If you believe you’re being retaliated against, start by documenting incidents in detail. Record dates, interactions, and communications with supervisors or HR. This evidence is crucial in building your case.
It’s also essential to act quickly. Retaliation claims often hinge on proving a connection between your protected activity and the adverse action. Delays in taking action or filing a claim can weaken your case.
Most importantly, consult an experienced employment lawyer. Employers often use vague policies or ambiguous timelines to defend their actions. A skilled attorney can help you uncover the truth and hold them accountable.
Why Spitz, The Employee’s Law Firm, Is the Best Choice
At Spitz, The Employee’s Law Firm, we focus exclusively on protecting employees’ rights. With a track record of success in employment discrimination, wrongful termination, and retaliation cases, we’re here to help you level the playing field.
We provide a free consultation to evaluate your case and offer a no-fee guarantee—you don’t pay unless we win. Our experienced attorneys understand the challenges of workplace violations and will fight to protect your rights.
If you’ve been fired, retaliated against, or faced discrimination, don’t wait to take action. Contact Spitz, The Employee’s Law Firm for a free consultation. Let us fight for the justice you deserve.
Employment Lawyer Disclaimer
This blog provides general information and does not constitute legal advice. Consult a qualified employment lawyer for advice tailored to your specific situation. This blog is a legal advertisement and makes no promises about case outcomes. Claims involving employment discrimination, FMLA retaliation, or wrongful termination require careful legal analysis. Protect your rights by consulting an experienced attorney today.