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United States Court of Appeals for the Tenth Circuit
February 15, 2022, Filed
TYMKOVICH, Chief Judge.
Tiffany Litzsinger worked for the Adams County Coroner's Office from 2013 until she was terminated in 2018. During her employment with the Coroner's Office, Litzsinger suffered from anxiety and depression, both of which worsened in the months leading up to her termination. After an anxiety episode, Adams County granted Litzsinger temporary leave under the Family and Medical Leave Act (FMLA). When Litzsinger returned from her FMLA leave, the Coroner placed Litzsinger on probation for myriad violations of workplace policies. Shortly after Litzsinger's probation began, the Coroner terminated Litzsinger for violating the terms of her probation. Litzsinger [*2] sued the Adams County Coroner's Office under the FMLA and Americans with Disabilities Act (ADA), claiming the Coroner terminated her in retaliation for exercising her rights under both statutes. The district court granted summary judgment for the Coroner's Office because Litzsinger failed to demonstrate that the Coroner's reason for terminating her was pretextual.
Exercising jurisdiction under 28 U.S.C. § 1291, we affirm. We conclude that a rational jury could not find that the Coroner's proffered reason for firing Litzsinger was pretextual.
Because this case arises from an appeal of summary judgment, we present the following factual background in the light most favorable to Litzsinger as the non-moving party, unless contradicted by the record. See Smothers v. Solvay Chemicals, Inc., 740 F.3d 530, 533 (10th Cir. 2014).
Litzsinger served as a medicolegal death investigator for the Adams County Coroner's Office from January 2013 until September 2018. During her employment, Litzsinger's primary supervisors were Chief Coroner Monica Broncucia-Jordan (the Coroner) and Chief Deputy Coroner Sherronda Appleberry (the Chief Deputy Coroner).
A. Mental Health Treatment
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2022 U.S. App. LEXIS 4145 *; 25 F.4th 1280
TIFFANY LITZSINGER, Plaintiff - Appellant, v. ADAMS COUNTY CORONER'S OFFICE, Defendant - Appellee.
Prior History: [*1] Appeal from the United States District Court for the District of Colorado. (D.C. No. 1:20-CV-00989-MEH).
Litzsinger v. Adams Cty. Coroner's Office, 2021 U.S. Dist. LEXIS 45665, 2021 WL 927637 (D. Colo., Mar. 11, 2021)
termination, Internet, probation, pretext, reasons, retaliation, email, proffered reason, pretextual, violations, websites, employees, terms, additional reason, personal reasons, proffered, anxiety, visited, summary judgment, district court, personal use, co-workers, fired, exam, legitimate reason, chest pain, contradictions, disability, resiliency
Civil Procedure, Appeals, Standards of Review, De Novo Review, Evidence, Inferences & Presumptions, Inferences, Summary Judgment Review, Standards of Review, Labor & Employment Law, Retaliation, Statutory Application, Americans With Disabilities Act, Leaves of Absence, Family & Medical Leaves, Burdens of Proof, Family & Medical Leave Act, Evidence, Burdens of Proof, Burden Shifting, Disparate Treatment, Employment Practices, Adverse Employment Actions, Discharges & Failures to Hire