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Preddie v. Bartholomew Consol. Sch. Corp.

Preddie v. Bartholomew Consol. Sch. Corp.

United States Court of Appeals for the Seventh Circuit

April 9, 2015, Argued; August 24, 2015, Decided

No. 14-3125

Opinion

 [*808]  PER CURIAM. 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  [*809]  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 [**2]  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.

BACKGROUND

A. Facts

] Because the district court entered summary judgment for the BCSC, we view the facts in the light most favorable to Mr. Preddie, the nonmoving party. See, e.g., Gerhartz v. Richert, 779 F.3d 682, 685 (7th Cir. 2015).1

The BCSC is a public school corporation located in Columbus, Indiana, encompassing several schools, including Rockcreek Elementary School ("Rockcreek") and Columbus Signature Academy-Fodrea ("CSA-Fodrea"). In 2009, the BCSC hired Mr. Preddie as a second-grade teacher at Rockcreek under a one-year teaching contract. Before his temporary contact expired, Dr. Linda DeClue, the Assistant Superintendent for Human Resources at the BCSC, wrote Mr. Preddie a letter advising him that his contract with the district would expire in June 2010 and that, if he wished to be considered for another position for the following year, he would need to submit a new application. At the bottom of the letter, Dr. DeClue wrote a short note indicating that the BCSC wanted to find a teaching position for Mr. Preddie the following year.2

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799 F.3d 806 *; 2015 U.S. App. LEXIS 14899 **; 127 Fair Empl. Prac. Cas. (BNA) 1617; 165 Lab. Cas. (CCH) P36,371; 25 Wage & Hour Cas. 2d (BNA) 269; 31 Am. Disabilities Cas. (BNA) 1761

TERRENCE PREDDIE, Plaintiff-Appellant, v. BARTHOLOMEW CONSOLIDATED SCHOOL CORPORATION, Defendant-Appellee.

Prior History:  [**1] Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. 1:12-cv-00995-TWP-DML — Tanya Walton Pratt, Judge.

Preddie v. Bartholomew County Consol. Sch. Corp., 44 F. Supp. 3d 800, 2014 U.S. Dist. LEXIS 119802 (S.D. Ind., 2014)

Disposition: AFFIRMED in part; REVERSED and REMANDED in part.

CORE TERMS

district court, Rights, disability, summary judgment motion, accommodation, summary judgment, deadline, dispositive motion, teachers, teaching, notice, essential function, school year, discriminate, retaliation, belated, reasons, sick, adverse employment action, qualified individual, retaliation claim, reasonable accommodation, protected activity, conversation, diabetes, indirect, argues, sickle, renew, cell

Civil Procedure, Summary Judgment, Summary Judgment Review, Standards of Review, Judgments, Evidentiary Considerations, Opposing Materials, General Overview, Entitlement as Matter of Law, Appropriateness, Labor & Employment Law, Evidence, Burdens of Proof, Employee Burdens of Proof, Disability Discrimination, Scope & Definitions, Qualified Individuals With Disabilities, Reasonable Accommodations, Retaliation, Statutory Application, Americans With Disabilities Act, Discrimination, Burdens of Proof, Elements, Protected Activities, Title VII Discrimination, Reconstruction Statutes, Racial Discrimination, Scope & Definitions, Circumstantial & Direct Evidence, Burden Shifting, Family & Medical Leaves, Leaves of Absence, Employee Leave Requirements, Family & Medical Leave Act, Nonmovant Persuasion & Proof, Causation, Civil Rights Law, Protection of Rights, Conspiracy Against Rights, Motions for Summary Judgment, Timing of Motions & Responses