Judge Allowed FMLA Lawsuit Against Washington University
A federal court ruled that a former police lieutenant may pursue an FMLA interference claim against the university.
Updated on Sept. 28, 2026 in Law Enforcement
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On September 8, 2026, a federal judge in St. Louis ruled that a lawsuit against Washington University regarding FMLA interference can proceed. While dismissing claims of age and sex discrimination, the court found a factual dispute regarding the timing of the plaintiff's termination.
Why it matters
The ruling highlights the legal protections afforded to employees who request medical leave. It illustrates how courts evaluate whether termination processes are influenced by an employee's FMLA status versus legitimate performance concerns.
The U.S. District Court for the Eastern District of Missouri dismissed age, sex, and retaliation claims while permitting the FMLA interference case to move forward. The litigation follows four separate conduct investigations and a review of five other officers.
The players
Robert Wayne
He is a former campus police lieutenant at Washington University.
Washington University
This is a private research university located in St. Louis.
Joshua M. Divine
He is the U.S. District Judge who presided over the summary judgment motion.
The details
The university maintained that it fired former police lieutenant Robert Wayne due to poor performance and internal investigation results. However, the court determined there is a triable issue of fact concerning whether the university expedited the termination process immediately after Wayne requested medical leave.
Timeline
August 2023: Robert Wayne received verbal counseling.
September 2023: The university issued a written reprimand.
October 11, 2023: Wayne notified the department of his medical leave request.
October 12, 2023: The university delivered an official termination letter.
September 8, 2026: The federal court issued the summary judgment ruling.
Legal Context
This case follows established federal guidelines regarding the Family and Medical Leave Act, which prohibits employers from using protected leave as a basis for adverse employment actions. The court's decision reflects a standard application of the McDonnell Douglas burden-shifting framework.
This ruling clarifies the potential legal liabilities for large employers when managing personnel who request protected medical leave. Employees and supervisors in the St. Louis area may note the court's emphasis on documentation and the timing of human resources actions.
The takeaway
This case serves as a reminder of the critical importance of documented performance management and the timeline of employee status changes. Employers must be prepared to demonstrate that termination decisions are disconnected from protected leave requests.
Further reading
For more information on legal proceedings, visit the Law Enforcement section.
Source note: This article includes information reported by Missouri Lawyers Media.
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