No. 22-7082

Crystal G. Jordan v. Atlanta Public Schools

Lower Court: Eleventh Circuit
Docketed: 2023-03-23
Status: Denied
Type: IFP
IFP
Tags: civil-rights damages due-process employment-termination fmla fmla-retaliation medical-leave retaliation temporal-proximity workplace-discrimination
Key Terms:
Arbitration ERISA
Latest Conference: 2023-06-22
Question Presented (AI Summary)

Is an email proof of pretext for unlawful retaliation?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is an Email (10 days after return from Protected Medical Leave) amongst Employer and Employer’s Attorney expressing the intent to terminate employment of Eligible Employee “Proof for Pretext for Unlawful Retaliation”, if the employer waited “110+ days” to issue a Notice of Charges purposely keeping employee from using the “femporal proximity (<90 days)” Defense? 2. Does requiring “Proof of RETALIATION” as the only way to Succeed on an F.M.L.A. Claim satisfy the Findings and Purposes Section of the Family and | Medical Leave Act Law? . 3. Is it a correct interpretation of law 29 USC §2617(@\( 1)(Aiii), that employers who break the F.M.L.A. Statues of Pay & Position Restoration, Maintenance of Employer Health Benefits, Prohibited Act of Interference and Discrimination of Due Process, and cause Economic Instability (Damages) be held liable for relief of damages, even if malicious retaliation is not proven? 4. Is “not informing” the relevant player (Payroll Supervisor) of Employee’s Return from Protected Medical Leave a reasonable defense for inconsistent pay, Violation of Family and Medical Leave Act ? 5. Is “not informing” the relevant player (Benefits Supervisor) of Employee’ s Return from Protected Medical Leave a reasonable defense for not restoring cancelled medical insurance benefits, Violation of Family and Medical Leave Act 29U.S.C§2614(c) ? , 6. Is “not informing” the relevant players (Superintendent, The School Board, and Georgia Professional! Standards Commission) of employee’s Approved and Protected Medical Leave a reasonable defense for terminating employment and recommending suspension from Teaching while referencing Protected Leave / Dates as “unauthorized, unexcused absences”, Violation of Family and Medical Leave Act ? 7. Is purposefully refraining from setting proper protocol to inform relevant players, to make sure Federal Employment Law is upheld, and Family and Medical Leave Participants are Restored to Work Properly and Rights are Protected, pretext for Unlawful Retaliation with a large organization founded before F.M.L.A. was a law? PARTIES TO THE CASE Defendant, Appellee: ATLANTA PUBLIC SCHOOLS Plaintiff, Appellant: CRYSTAL G. JORDAN Magistrate Court JUDGE W. JOHNSON Northern District of Georgia District Court JUDGE R. STORY and JUDGE J. | BOULEE Eleventh Circuit Court of Appeals Justice ROSENBAUM, GRANT, and BRASHER Related Cases Rodney Jones v, Gulf Coast Health Care 11th Cir. (2017) | | | | | . | |

Docket Entries

2023-06-26
Petition DENIED.
2023-06-07
DISTRIBUTED for Conference of 6/22/2023.
2023-05-24
Brief of respondent Atlanta Public Schools in opposition filed.
2023-03-31
Motion to extend the time to file a response is granted in part and the time is extended to and including May 24, 2023.
2023-03-27
Motion to extend the time to file a response from April 24, 2023 to June 8, 2023, submitted to The Clerk.
2023-01-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 24, 2023)

Attorneys

Atlanta Public Schools
Brandon Oliver MoulardParker Poe Adams & Bernstein, LLP, Respondent
Brandon Oliver MoulardParker Poe Adams & Bernstein, LLP, Respondent
Crystal Jordan
Crystal Gayle Jordan — Petitioner
Crystal Gayle Jordan — Petitioner