Court: FMLA discrimination claims exist

The federal Family and Medical Leave Act (FMLA) isn’t a true anti-discrimination law, but employees can claim that employers discriminated against them for asking for or taking FMLA leave, as one employer recently learned.

Alisa, a college instructor, had several health issues: rheumatoid arthritis, vein trouble, plantar fasciitis, and neuropathy. One (or more) of these problems could potentially qualify as serious health conditions under the FMLA. After requesting FMLA leave and receiving workplace accommodations for her disabilities, Tracy, Alisa’s supervisor, and others allegedly:

• Mocked her;
• Sent her passive-aggressive emails;
• Discouraged her from taking FMLA leave;
• Planned to deny her FMLA leave;
• Exhibited animosity toward her because she requested FMLA leave;
• Claimed she was a low-performing employee;
• Denied her permission to engage in outside employment;
• Revoked her permission to attend work conferences;
• Removed her accommodations to work non-consecutive, in-person classes;
• Changed her benefits and job duties;
• Failed to restore her to her previous position with the same conditions and benefits; and
• Constructively discharged her.

Alisa resigned because of this mistreatment. She then sued for FMLA interference, retaliation, and discrimination.

In court, the employer argued that FMLA discrimination claims don’t exist. The Eighth Circuit disagreed, saying that there are three types of FMLA claims: interference, retaliation, and discrimination.

The court said that Alisa’s FMLA retaliation and discrimination claims can go forward, mostly because Tracy changed Alisa’s schedule when she returned from FMLA leave. Therefore, the court denied the employer’s request that those claims be dismissed.

The court, however, dismissed Alisa’s claim that the employer interfered with her FMLA rights, as the employer gave her the FMLA leave she requested.

White v. Board of Trustees of The University of Arkansas, et al. Eighth Circuit Court of Appeals, No. 4:25-CV-00702, December 9, 2025.

Key to remember: Employers should train supervisors on what not to do when employees ask for or take FMLA leave, including discriminating against them.