Monday, August 24, 2015
Ind. Decisions - 7th Circuit decides second Indiana case today, a partial reversal
In Terrence Preddie v. Bartholomew Consolidated Schools (SD Ind., Pratt), a 30-page per curiam opinion, the panel (Flaum, Ripple, Williams) writes:
Terrence Preddie worked as a fifth-grade teacher at Columbus Signature Academy-Codrea Elementary School—part of the Bartholomew Consolidated School Corporation (“BCSC”)—during the 2010–2011 school year. After Mr. Preddie was absent twenty-three times, the BCSC did not renew his contract. Mr. Preddie is diabetic, and his son, Elliot, suffers from sickle cell anemia. Mr. Preddie is also African-American. Following the non-renewal of his contract, Mr. Preddie filed suit against the BCSC in state court, alleging claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (“ADA”), the Family and Medical Leave Act, (“FMLA”), 42 U.S.C. § 1981, and the Civil Rights Acts of 1866, 1871, and 1991. The case was removed to the Southern District of Indiana, and the district court granted summary judgment in favor of the BCSC on all of Mr. Preddie’s claims. We affirm the district court’s judgment for the BCSC except as it relates to Mr. Preddie’s FMLA claims. With respect to Mr. Preddie’s FMLA interference and retaliation claims, we believe that genuine issues of material fact preclude judgment for the BCSC on the present record. We therefore reverse the district court’s judgment on those claims and remand for further proceedings in the district court. * * *
For the foregoing reasons, we affirm the judgment of the district court with the exception of its judgment for the BCSC on Mr. Preddie’s FMLA claims. With respect to those claims, we reverse the judgment of the district court and remand for further proceedings consistent with this opinion. The parties shall bear their own costs in this appeal.
Posted by Marcia Oddi on August 24, 2015 04:37 PM
Posted to Ind. (7th Cir.) Decisions