The U.S. Court of Appeals for the Fifth Circuit has ruled that an employee’s conduct, not her pregnancy, was the reason for her termination. The court affirmed summary judgment in favor of the employer, Dealer Integrated Services, L.L.C., on claims of pregnancy discrimination under Title VII of the Civil Rights Act of 1964 and various claims under the Family and Medical Leave Act (FMLA).
In Moreno v. Dealer Integrated Services, L.L.C., the Fifth Circuit agreed with the district court that Jocelyn Moreno failed to present sufficient evidence that her pregnancy was the reason for her dismissal. The court found that Moreno’s employer met its burden to show it would have dismissed her regardless of her request for leave, due to her disruptive behavior in the office.
Moreno worked as a payroll administrator for Dealer Integrated Services for approximately six years. In April 2023, Moreno informed her office manager, Deborah Devine, that she was pregnant and intended to take maternity leave in September. Dealer Integrated Services promptly granted her request for two months of leave but did not inform her of her entitlement to a full twelve weeks under the FMLA.
The workplace at Dealer Integrated Services was, by all accounts, “strained”—due in large part to Moreno. According to the company’s owner, Chad Roberts, Moreno refused to communicate with her coworkers Valerie De la Cruz and Patricia Mauricio, shut her office door to them, responded only to Devine, resisted taking on additional duties, and was “aggressive and hostile” when asked to train Mauricio to cover her upcoming absence.
In late June 2023, Mauricio and De la Cruz told Devine they would resign unless Moreno was fired, citing the unpleasant work environment. Roberts and Devine then met with Moreno and terminated her employment. Roberts explained the decision, stating that “he wouldn’t be able to … lose two employees and have Moreno out as well.”
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The Fifth Circuit examined whether Moreno presented sufficient direct or circumstantial evidence that her pregnancy motivated her termination. The court found that Roberts’s statement during the dismissal meeting was “too attenuated” to serve as direct proof of pregnancy discrimination. The court applied the McDonnell Douglas burden-shifting framework, assuming Moreno established a prima facie case but finding she could not demonstrate pretext.
Dealer Integrated Services articulated legitimate, nondiscriminatory reasons for the dismissal: Moreno “refused to communicate with her coworkers in a job where communication was essential; she contributed to a ‘toxic’ work environment that led two colleagues to threaten to resign; and she refused to carry out some of the responsibilities of her position.” The court emphasized that Moreno’s evidence attempted to shift blame for the workplace dysfunction to others but reasoned that “the issue is not whether Moreno’s conduct was reasonable; rather, it is whether she was fired for that conduct as opposed to her protected basis.”
The court concluded that Moreno failed to present any evidence that Dealer Integrated Services’s stated reasons for her dismissal were false or inconsistent. Moreno’s admitted speculation that her coworkers threatened to resign because of her impending maternity leave—and not her conduct—was unsupported by the factual record. This decision reinforces the importance of employers documenting legitimate performance and conduct reasons as they occur, which can be crucial in cases involving employment disputes.
The Fifth Circuit’s decision in Moreno highlights the significance of Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, and national origin. According to the U.S. Department of Justice, employers must ensure compliance with this law to avoid liability.
The court’s treatment of the FMLA interference and notice claims confirms that prejudice remains an essential element. Where an employee is lawfully dismissed before leave begins, interference and notice violations may not yield relief absent a showing of actual harm. This ruling underscores the need for employers to understand their obligations under the FMLA and to take steps to ensure compliance, which can include consulting with a knowledgeable employment lawyer.