Employee Is Not Required To Actually Use FMLA Time In Order To State MHRA Action If Evidence Shows Wife's Illness Was Contributing Factor In Employee's Termination
01/08/08
Court of Appeals reverse trial court’s grant of summary judgment on husband’s Missouri Human Rights Act (“MHRA”) claim of being fired because of his association with a person with a disability. Court of Appeals finds that conflicting evidence sufficient to create a genuine issue of material fact concerning whether employee was discriminated against because of his association with a person with a disability. MHRA does not require employee to actually take leave under the Family and Medical Leave Act before termination in ordering to have viable MHRA claim. Missouri state law recognizes cause of action if firing is because of association with a person protected by the MHRA. If consideration of age, disability, or other protected characteristics contributed to the unfair treatment,” that is sufficient to state a cause of action under the MHRA. Evidence that shortly after employee informed new supervisor of employee’s wife’s illness 1) employer complained for the first time about employee’s job performance, 2) employer began two memorandums with discussion of wife’s illness, 3) decision to terminate employee was made shortly after new supervisor was told of wife’s illness, 4) employee previously was given merit award increases, 5) conflicting testimony exists between employee and supervisor as to what was said in three meetings, and 6) prior supervisor testified that employee had been a very good employee are sufficient to create a genuine issue of material fact concerning whether employee’s wife’s illness was a contributing factor in employer’s decision to terminate employee. Francin v. Mosby, Inc., Docket No. ED89814 (Mo.App.E.D. 1/08/08)
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