Staunch v. Continental Airlines, Inc.
| Decision Date | 07 January 2008 |
| Docket Number | No. 07-3315.,07-3315. |
| Citation | 511 F.3d 625 |
| Parties | Holly L. STAUNCH, Plaintiff-Appellant, v. CONTINENTAL AIRLINES, INC., Defendant-Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
ARGUED: Martin S. Hume, Youngstown, Ohio, for Appellant. Janette M. Louard, Littler Mendelson, Cleveland, Ohio, for Appellee. ON BRIEF: Martin S. Hume, Youngstown, Ohio, for Appellant. Janette M. Louard, Lisa A. Cottle, Littler Mendelson, Cleveland, Ohio, for Appellee.
Before: KENNEDY, MARTIN, and CLAY, Circuit Judges.
Plaintiff Holly Staunch appeals the district court's grant of summary judgment to Defendant Continental Airlines, Inc. on her claims for interference and retaliation under the Family Medical Leave Act of 1993 ("FMLA"), pregnancy discrimination in violation of Section 4112.02(A) of the Ohio Revised Code, and wrongful termination in violation of Ohio's public policy against pregnancy discrimination. Because we find that Staunch was not an "eligible employee" under the FMLA and her state law claims are without merit, we AFFIRM the district court's grant of summary judgment to Continental.
Continental hired Staunch as a flight attendant in May 1998. For most of her employment, Staunch worked as a reserve flight attendant. As such, she was on-call and could receive flight assignments up to two hours prior to departure.
In January 2002, Staunch discovered she was pregnant and requested intermittent leave from Continental, which it granted. In April 2002, Staunch called-in sick to work on at least four occasions after Continental had assigned her in-flight duties. On May 1, 2002, Staunch was placed on maternity leave. She remained out until the end of January 2003.
In May 2003, Staunch had two "Sick After Assignment" ("SKAA") incidents and two or more "Sick" ("SK") incidents. Based on these absences, Staunch's supervisor, Kimberly Piszczek, set up a meeting to discuss Staunch's attendance record and other job performance issues. During the meeting, which took place on September 18, 2003,1 Piszczek issued Staunch a "Termination Warning." Staunch was informed that any additional infractions during the next eighteen months would result in termination of her employment. On September 21, 2003, Continental sent Staunch a "Termination Warning" letter that read, in part:
A review of your 12-month active work history indicate[s] the following instances of unacceptable attendance.
Sick September 28 — October 7, 2001 (Issued Informal Conversation)
Sick call after Assignment Dec. 6, 2001
Sick Dec. 28, 2001 — Jan. 2, 2002 (Issued Written Warning)
Sick call after Assignment April 10, 11, 12, 2002
Sick Call After Assignment April 27, 2002
Sick Call After Assignment May 6, 2003
Sick May 7, 2003
Sick Call After Assignment May 8, 2003
Sick May 10-12, 2003
...
As a result of these facts and in light of your work history, which have been considered in arriving at a decision in this matter, you are placed on Termination Warning effective September 18, 2003 for 18 months of active service.
... [W]hen a Flight attendant reaches Termination Warning the Flight Attendant will be on a single track for discipline purposes. Any infraction in Job Performance or Dependability may lead to termination of employment.
On December 28 and 29, 2003, Staunch incurred a holiday sick instance without producing a doctor's note. Although her holiday sick call could have subjected her to termination, Continental chose to have an informal conversation with Staunch rather than end her employment.
On April 22, 2004, it was discovered that Staunch had flown a number of days over the course of almost five months without a compliant safety manual. Specifically, Staunch had failed to update her manual with Revision 23, a December 10, 2003 Federal Air Regulations("FAR") safety and operations update. Supervisor Piszczek spoke with Staunch and, ultimately, allowed her to fly on that day.
On April 29, 2004, Piszczek and union representatives met with Staunch to inform her that Continental had decided to terminate her employment on the basis of her job performance and dependability violations. Following the meeting, Piszczek sent Staunch a termination letter stating in part:
Thank you for meeting with me on April 29, 2004 to discuss a Job Performance related issue.... A review of your 12-month active work history indicates the following:
Sick Call After assignment April 10, 11, 12, 2002 Sick
Sick Call After Assignment May 6, 2003
Sick May 7, 2003
Sick Call After Assignment May 8, 2003
Sick May 10-12, 2003 (Issued Termination Warning)
Sick December 28-29 (Informal Conversation)
Infraction of FAR 121.137 Missing Revision 23 dated December 10, 2003
Since the issue of termination warning you have incurred a sick instance and a job performance instance.
At your check in on April 22, 2002, it was determined by me that you did not have revision 23 in your manual. Nor was your signature on the Revision Summary Record. You admitted during our meeting you were not sure if Revision 23 was in your manual. Your work schedule shows you have flown 5 months in noncompliance. I explained to you that either one of the above single issues could have led to termination of your employment.
As a result of the facts listed above and in light of your work history, which have been considered in arriving at a decision in this matter you employment with Continental Airlines is terminated effective April 29, 2004.
Staunch grieved her discharge through Continental's arbitration procedure. Her grievance was denied. She also filed a charge of discrimination with the Ohio Civil Rights Commission, which issued a no probable cause determination. Thereafter, Staunch filed the present action against Continental alleging (1) FMLA interference; (2) FMLA retaliation; (3) pregnancy discrimination; and (4) wrongful discharge in violation of public policy.
The district court granted Continental's motion for summary judgment and dismissed Staunch's claims. Staunch filed this timely appeal of the district court's decision.
We review a district court's grant of summary judgment de novo. Bryson v. Regis Corp., 498 F.3d 561, 569 (6th Cir. 2007). Summary judgment is appropriate if the evidence shows that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. FED. R. CIV. P. 56(c). When reviewing a motion for summary judgment, we must view the facts and draw all reasonable inferences in favor of the non-moving party. Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Once the moving party demonstrates an absence of a genuine issue of material fact as to an essential element of the non-moving party's case, the nonmoving party must set forth specific facts showing a triable issue. Id. It is not sufficient for the party opposing summary judgment to present a "mere scintilla" of evidence; the evidence must be such that a reasonable jury could find in her favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).
Staunch claims that Continental both interfered with her FMLA rights and retaliated against her for exercising her FMLA rights. The FMLA guarantees "eligible employees" twelve weeks of unpaid leave during any twelve month period for certain family or medical events, including childbirth. 29 U.S.C. § 2612(a)(1) (2000). The statute defines "eligible employee" as "an employee who has been employed ... for at least 12 months by the employer with respect to whom leave is requested ... and ... for at least 1,250 hours of service with such employer during the previous 12-month period." 29 U.S.C. § 2611(2)(A). The statute makes it unlawful for employers to interfere with, restrain, or deny these rights, 29 U.S.C. § 2615(a)(1), and to retaliate against employees who exercise them, 29 U.S.C. § 2615(a)(2); violators are subject to consequential damages and appropriate equitable relief. 29 U.S.C. § 2617(a)(1).
As an initial matter, a FMLA claim cannot be maintained by a plaintiff who was not an "eligible employee." Humenny v. Genex Corp., Inc., 390 F.3d 901, 905-06 (6th Cir.2004). The parties dispute whether Staunch qualified as an "eligible employee" under the FMLA when she sought leave related to her pregnancy beginning on January 21, 2002. Continental asserts that Staunch did not work 1,250 hours in the twelve months preceding her request for intermittent leave. Continental proffered the affidavit of Mary Sturchio, Manager of Human Resources, with an attached chart calculating Staunch's total hours worked for Continental from January 21, 2001 through January 22, 2002 as 1,127 hours and 41 minutes. Sturchio based her calculations on Continental records and factored in flight time, check-in time, ground time, de-brief time, and training time. Staunch maintains that she worked more than 1,250 hours. To support her contention, Staunch offered her sworn affidavit stating that she worked 2,323 hours and 52 minutes during the twelve months preceding her request for leave. Her calculations were based on her own recollection of the hours she had worked and were displayed in an undated list of task and hours. The district court did not decide whether Staunch had worked the requisite 1,250 hours for Continental; rather, it assumed that she was an eligible employee and granted summary judgment to Continental because her interference and retaliation claims had no basis in law.
To determine if an employee has worked the requisite 1,250 hours for his employer, the FMLA directs courts to examine the principles for calculating hours of service established under the Fair Labor Standards Act ("FLSA"). 29 U.S.C. § 2611(2...
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