United States Sixth Circuit

In an action alleging violations of, inter alia, the Americans with Disabilities Act, the Tennessee Handicap Act, and the Family and Medical Leave Act (FMLA), summary judgment for defendant is affirmed where: 1) arbitration of related contractual claims under a collective bargaining agreement (CBA) does not bar de novo review of statutory claims in federal court; 2) plaintiff failed to show an adverse employment action since she was considered to have resigned without notice for not following the reporting procedures set up by the CBA; 3) there was insufficient evidence to show that plaintiff was constructively discharged; 4) plaintiff failed to meet the 1250 hour threshold to qualify for FMLA leave since she resigned without notice; 5) plaintiff failed to show that she was discharged for purposes of retaliatory discharge and whistleblower claims; and 6) there was no evidence for her claims of outrageous conduct and breach of duty of good faith and fair dealing.

Appellate Information

• Decided 05/23/2008
• Published 05/23/2008

Judges

• Before:  BATCHELDER, MOORE, and COLE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Carolyn J. Chumney, Memphis, Tennessee, for Appellant. Herbert E. Gerson, Ford & Harrison, LLP, Memphis, Tennessee, for Appellee.   ON BRIEF:  Carolyn J. Chumney, Memphis, Tennessee, for Appellant.  Herbert E. Gerson, Timothy S. Bland, Thomas J. Walsh, Jr., Ford & Harrison, LLP, Memphis, Tennessee, for Appellee.