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Federal Court: Employee’s Self-Serving Testimony and Discovery Responses Did Not Satisfy Burden of Proof on Summary Judgment – JD Supra – 154news.com

In Buckmaster v. The Nationwide Railroad Passenger Corp. d/b/a Amtrak, the U.S. District Courtroom for the District of Maryland addressed whether or not an worker had supplyed any proof of discrimination or retaliation past his personal speculative beliefs And private disagreement Collectively with his employer’s respectable enterprise set off for time periodinating his employment. Discovering no such proof Inside the doc, the court granted the employer’s movement for abstract judgment on April 11, 2022, dismissing The worker’s declares of incapacity discrimination, interference beneath the Household and Medical Depart Act (FMLA), failure to accommodate a incapacity, and retaliation for requesting medical leave and reporting incapacity discrimination.

Background

Whereas working for Amtrak as a substation electrician, Keith Buckmaster was in a automotive accident and suffered again, neck, and knee accidents. As a Outcome of of lingering ache, Buckmaster requested and was reassigned to a much less bodily demanding position. Buckmaster labored On this new place till July 2015, when he utilized for and secured a place as a senior technical coach.

In March 2017, Buckmaster started exhibiting pertypeance factors that continued To say no regardmuch less of receiving a counseling letter. On Might 16, 2017, Amtrak currentd Buckmaster with a final warning, intypeing him that failure To reinforce might Finish in further disciplinary movement, together with the time periodination of his employment. On August 1, 2017, the director Of teaching and enhancement for the engineering division started an e-mail chain To debate Buckmaster’s work pertypeance. In flip, Buckmaster’s direct supervisor doced a quantity of occasions on which Buckmaster had scheduled teaching packages with out his supervisor’s approval, dismissed these packages early, or left work fullly with out right notification. On September 29, 2017, Buckmaster inrightly intypeed a trainee class that a ten-foot ladder required fall safety, which confused Amtrak’s senior administration and finally prompted the teaching and enhancement director to provoke The tactic to time periodinate Buckmaster’s employment.

Buckmaster referred to as out Of labor on Monday, October 2, 2017, And commenced a fifty-eight-day leave of absence. On October 17, 2017, Buckmaster crammed out a request for FMLA leave retroactive to October 2, 2017. Buckmaster Did not current A particular medical set off for the request Aside from “brief time period incapacity.” The leave administration group activated Buckmaster’s brief-time period incapacity package deal. Amtrak furtherly despatched Buckmaster an FMLA eligibility discover and “Certification of Well being Care Supplier” type To end in connection Collectively with his request for FMLA leave. Buckmaster by no means had his healthautomotivee currentr full The type, regardmuch less of receiving a quantity of extensions. Thus, on November 30, 2017, Amtrak denied Buckmaster’s FMLA request for failure To current The ended Certification of Well being Care Supplier type and time periodinated his employment The subsequent day.

The Courtroom’s Evaluation

Although the court rejected Amtrak’s preliminary arguments that Buckmaster was not legally disabled beneath the People with Disabilities Act (ADA), it granted abstract judgment on his incapacity discrimination declare, having decided …….

Source: https://www.jdsupra.com/legalnews/federal-court-employee-s-self-serving-9566918/