Groening v. Glen Lake Community Schools, No. 17-1848 (6th Cir. 2018)Annotate this Case
School superintendent Groening had surgery that required six weeks of Family and Medical Leave Act (FMLA), 29 U.S.C. 2612(a), leave. She returned to work part-time. Her mother then fell ill. Groening took intermittent leave to care for her throughout the rest of that year. A school board member told Groening that the district spent "too much time” working around Groening’s schedule. The board president told a colleague that Groening’s time away would be reflected in her annual evaluation. The board asked Groening for a breakdown of her leave. Groening created a spreadsheet. Between her leave, vacation, and business trips, Groening had been away for 12 weeks. The board indicated that it was hesitant to approve an upcoming conference. Groening submitted her notice of retirement, effective at the end of the following school year. The board then audited the business office, directing the auditors to review the method for tracking administrators’ time off. Groening was to be paid for unpaid leave when she retired, so any discrepancies had to be addressed before her retirement. Groening resigned the day before the auditors submitted their report. The Sixth Circuit affirmed the rejection of her FMLA claims. Groening's claims fell far short of showing constructive discharge. Groening failed to raise a genuine issue of material fact as to whether her working conditions were objectively intolerable. The audit was not an adverse employment action.