ST. LOUIS — A former Bethesda Health Group housekeeper's Missouri Human Rights Acts lawsuit is on its way back to a St. Louis court after a federal judge ruled that the case did not belong in the U.S. District Court system.
Plaintiff Rico Singleton, who claims he was fired last year after he tried to take leave under the federal Family and Medical Leave Act (FMLA), isn't claiming the FMLA is a necessary element in his retaliation claim, U.S. District Court Judge Henry Edward Autrey, on the bench in Missouri's Eastern District, ruled late last week. In his eight-page opinion, memorandum and order issued Dec. 21, Judge Autrey said Singleton's claim did not create federal jurisdiction.
"Plaintiff does not allege a violation of his FMLA rights, nor is he seeking relief for lost benefits under the FMLA," Judge Autrey said in his opinion. "Plaintiff's claims do not depend on the resolution of whether his FMLA rights were violated, and he has not advanced a violation of his FMLA rights as a primary ground for relief. Rather, Plaintiff is asserting state law claims of associational disability discrimination and retaliatory discharge."
Singleton filed his lawsuit in March against lead defendant Bethesda Health Group and others, claiming he suffered Missouri Human Rights Acts violations when he was disciplined and ultimately fired for trying to take FMLA leave. Singleton, employed in Bethesda Health Group's housekeeping department for about 14 years before he was fired in March 2017, claimed he lost wages and benefits, suffered emotional distress, pain and suffering, humiliation and was deprived of his civil rights.
Singleton sought FMLA leave to care for his daughter, who suffers a disability, according to the background portion of Judge Autrey's opinion.
"Specifically, plaintiff asserts that defendants engaged in associational disability discrimination against him by 'giving him trouble' for taking time off, disciplining plaintiff in the form of oral counseling or a write up, and requiring plaintiff to submit new FMLA paperwork," the opinion said. "Plaintiff also claims that he was told he would not be given a lead/supervisory position for which he was well qualified because of his 'FMLA needs.'"
Singleton initially filed his case in the St. Louis 22nd Judicial Circuit Court and defendants later removed the case to federal court. Defendants argued the federal court was the proper venue because it involved federal law related to the FMLA's benefits and protections. Singleton countered that the case should be returned to the circuit court because his claims were over state law causes of action that did not require a finding that federal law had been violated.
Judge Autrey approved Singleton's motion to remand the case back to the circuit court but did not grant his request for attorney fees, saying that defendants had "an objectively reasonable basis" for removing the case to federal court.
"As set forth above, plaintiff's multiple references to the FMLA created an objectively reasonable basis for seeking removal in this case," Judge Autrey said in his opinion. "Therefore, plaintiff's request for costs and fees is denied."