Traci Small v. Touchette Regional Hospital, Inc., Carla Jordan, and Kelly Green Smith

Summary

In this memorandum and order, the U.S. District Court for the Southern District of Illinois addresses defendants’ motion for summary judgment on Traci Small’s Family and Medical Leave Act interference and retaliation claims arising from her termination as a nurse. The court also resolves the parties’ motions to seal medical records and related exhibits, directing the filing of publicly accessible versions with appropriate redactions. The excerpt analyzes whether Small’s knee condition, notice, eligibility, and the employer’s conduct create disputed issues concerning her FMLA claims.

Holdings

1. Viewing the evidence in Small's favor, a reasonable jury could find that her recurring knee pain was a chronic serious health condition under the FMLA and rendered her unable to work during the relevant episode. Defendants therefore were not entitled to summary judgment on this ground.
2. Small's statement that she was taking FMLA leave for her knee, together with the surrounding evidence, created a genuine dispute about whether she provided sufficient and timely notice. Defendants were not entitled to summary judgment on the notice issue.
3. Small's failure to submit a complete medical certification did not entitle Defendants to summary judgment because the evidence did not show that TRH requested certification before terminating her. A post-termination request for certification did not establish as a matter of law that Small's interference claim failed.
4. Defendants did not establish as a matter of law that Small sought FMLA leave for an improper purpose. The timing and circumstances supported competing reasonable inferences, and the record lacked contemporaneous evidence that hospital personnel honestly suspected FMLA fraud or misuse.
5. Defendants were not entitled to summary judgment on the interference claim because a reasonable jury could find that TRH interfered with Small's attempted exercise of FMLA rights by failing to timely request certification and terminating her before providing the required opportunity to obtain certification.
6. Defendants were entitled to summary judgment on the FMLA retaliation claim. Although Small engaged in protected activity and suffered an adverse employment action, she did not identify evidence from which a reasonable jury could infer retaliatory animus, causation, or pretext.
7. The court granted in part and denied in part the motions to seal. Exhibits containing information central to the dispute had to be publicly filed with appropriate redactions, while lengthy medical-record collections containing substantial irrelevant medical information could remain sealed, subject to public filing of cited or quoted portions.

Questions Presented

1. Whether Defendants were entitled to summary judgment on Small's FMLA interference claim because she lacked a serious health condition, failed to provide timely and sufficient notice, failed to provide medical certification, used FMLA leave for an improper purpose, or was not actually denied or interfered with in receiving FMLA benefits.
2. Whether Defendants were entitled to summary judgment on Small's FMLA retaliation claim because the record lacked evidence of retaliatory animus, causation, or pretext.
3. Whether the parties' medical-record exhibits should remain sealed, be filed publicly with redactions, or be replaced with publicly available excerpts limited to material cited in the briefing.

Disposition

other