Montclair State Faces Lawsuit Over Alleged Disability Discrimination and FMLA Retaliation

by Sydney D. Finlay and Lily Holland

Montclair State University Lawsuit Over Medical Leave and Termination

Montclair State University is facing a lawsuit from a former employee — Odessa Donzella — who alleges she was fired after taking medical leave for celiac disease, claiming the university violated disability discrimination laws and the Family and Medical Leave Act (FMLA).

She made two separate medical leave requests, and each went largely unaddressed. Shortly after submitting her first request for medical leave, Donzella was notified she would be transferred to another college in her county that paid less. She was then notified of her termination days after submitting her second request that stated she would need another 3 days of leave.

This case reflects broader risks employers face when handling medical leave and accommodation requests—an area Miller Shah LLP monitors through its work addressing disability rights, retaliation claims, and employment law litigation.

Understanding the FMLA and ADA

The Family and Medical Leave Act, as well as the Americans with Disabilities Act are two federal laws that protect workers in different ways.

Both work to provide reasonable accommodations for certain eligible employees as well as prevent targeted discrimination, with the FMLA protecting those with certain family and medical circumstances and the ADA more specifically protecting employees with disabilities.

The FMLA provides up to 12 weeks of unpaid leave in a 12-month period, and the ADA requires an employer to provide reasonable accommodations based on individual circumstances.

Employee Rights and Employer Coverage

Those who fall under the protection of these acts have the right to request time off – as well as other accommodations – without fear of retaliation. Employers need to understand whether an employee’s request is governed under the ADA and/0r FMLA so they know whether they are required by law to provide an accommodation, what accommodation they must make available, and what circumstances and requests are lawfully protected.

The ADA applies to employers with 15 or more employees, and does not specify a duration of leave to be offered, so it should be dependent on the individual and their needs.

The FMLA applies to all government employers and private businesses with 50 or more employees within 75 miles, as well as all public and private elementary and secondary schools. Eligible individuals under the FMLA have 12 months of employment and 1,250 hours worked in the preceding 12 months at the same company.

Although the FMLA provides a maximum of 12 weeks of leave over a 12-month period, those whose accommodations overlap with both acts may be eligible for protected leave under the ADA beyond the time provided under the FMLA. Communication with your employees is essential to understanding what they need and what you might have to provide or accommodate for in the future.

Consulting with a lawyer on compliance with these Acts will also aid the smooth implementation of these policies, especially when dealing with similar laws that have small or nuanced differences.

Prohibited Employer Actions

Employers are prohibited from interfering with, restraining, or denying any FMLA right, as well as discriminating or retaliating against employees exercising these rights.

This includes, but is not limited to, refusing to authorize eligible accommodations, discouraging employees from using FMLA or ADA leave, manipulating employee hours or data to avoid FMLA or ADA responsibilities, using FMLA or ADA leave requests as a negative factor when determining job position, promotion, or demotion, or tracking this leave under a “no fault” policy.

Filing a Retaliation or Wrongful Termination Claim

If an individual believes that action has been taken against them for engaging in a protected activity, they can pursue this dispute legally.

A complaint must be filed with the Equal Employment Opportunity Commission (EEOC) or their state’s civil rights agency. If this retaliation includes a form of termination, an individual may file a lawsuit for wrongful termination.

For higher likelihood of success, employees utilizing FMLA, ADA or any sort of protected activity are recommended to document as much as they can, including communications, medical information, and any other evidence that could contribute to their case.

Miller Shah LLP employs legal attorneys with expertise in disability, retaliation, and employment disputes. If you are currently experiencing a protected activity violation or unlawful termination, Miller Shah can be contacted at millershah.com.