Management’s disparaging comments send FMLA retaliation claim to Georgia jury

A real estate company’s decision to fire a frequently tardy executive assistant for refusing to sign a performance memorandum, amid her bosses’ negative comments about her need for medical leave, could be evidence of retaliation, a federal appellate court recently ruled.

Late for work some 255 times

From 2005 until 2013, Kendra Munoz was an executive leasing assistant for Selig Enterprises, a Georgia real estate management company. She reported directly to vice presidents (VPs) Jim Saine and Kent Walker, who disciplined her in 2010 for poor attendance and excessive tardiness.

In 2011, Munoz began experiencing reproductive health problems. She claimed she notified Saine and Walker in 2012 that she may have uterine fibroids and requested an accommodation for her ongoing tardiness, early departures, and partial-day absences. She further alleged that in 2013, she notified the VPs she had been diagnosed with endometriosis and would soon begin treatment.

Saine and Walker deny Munoz advised them of her health condition in either 2012 or 2013. It’s undisputed, however, that Selig never provided her with Family and Medical Leave Act (FMLA) certification documentation or otherwise advised her of her right to request an accommodation for her condition.

Indeed, between 2009 and 2013, Munoz was late for work some 255 times, which she represented to be medically necessary. While Selig was relatively permissive of her tardiness, she claimed the bosses generally disapproved of her need for medical leave: