Marshall v. Rawlings Co., No. 16-5614 (6th Cir. 2017)Annotate this Case
After taking time off under the Family and Medical Leave Act (FMLA), 29 U.S.C. 2601, 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 then fired by the Rawlings Company. The district court rejected, on summary judgment, Marshall’s claims of FMLA interference, FMLA retaliation, ADA retaliation, and intentional infliction of emotional distress. The Sixth Circuit affirmed as to Marshall’s claims of FMLA interference and intentional infliction of emotional distress, but reversed as to the FMLA retaliation and ADA retaliation claims, applying the McDonnell Douglas burden-shifting test. There are genuine disputes of material fact concerning whether specific individuals were biased against Marshall and whether those individual influenced the decision-maker.