Cases of Note
Fowlkes v. Crye-Leike, Inc., Case No. 4:08-CV-4161 BSM, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS, WESTERN DIVISION, 2010 U.S. Dist. LEXIS 24553; 93 Empl. Prac. Dec. (CCH) P43,855
In dismissing the case, the Court held that Fowlkes failed to show that she suffered an adverse employment action because she quit her job. The Court further determined that Fowlkes understood the medical leave policy before she took her leave and she understood the consequences of her choice not to return to work when her leave ended. It is undisputed that she did not come to work on May 15, 2008, and that she confirmed her decision in a phone call with her supervisor. The Court determined that she could have requested leave but failed to do so.
In addition, the Court determined that Fowlkes's attempt to show that a white male employee received better treatment was not supported by the proof, and that she failed to establish a prima facie case of discrimination