Philadelphia. Photo: Shutterstock

A federal appeals court has affirmed the dismissal of a lawsuit brought by a former technology manager working for Philadelphia who claimed she faced retaliation for taking sick leave to address mental health issues.

In Gardiner v. City of Philadelphia, the U.S. Court of Appeals for the Third Circuit rejected plaintiff Christina Adenike Gardiner's appeal. Her lawsuit alleged violations of the Family and Medical Leave Act, the Americans With Disabilities Act and the Pennsylvania Human Relations Act.

Previously, U.S. Magistrate Judge Marilyn Heffley of the Eastern District of Pennsylvania ruled that Gardiner failed to raise a genuine issue of material fact regarding whether she can meet her evidentiary burden to establish FMLA retaliation.

Gardiner worked as a project manager in the city's Office of Innovation and Technology for four years. After defendant Michel Washington became her supervisor, Gardiner alleged he began to micromanage her and to express a belief that she could not adequately do her job.

According to Judge Julio Fuentes' April 23 opinion, Gardiner took a few days off to rest. When she returned, she was surprised to learn that she'd be leading a meeting in front of the chief innovation officer, Charles Brennan. She was unprepared to do so, Fuentes said, so Washington took over.

Washington sent Gardiner an email saying she seemed "indifferent, aloof and uncommitted," and that he hoped she would "show positive changes immediately."

Gardiner consulted with her doctor, who recommended she take sick leave, Fuentes said. She emailed Washington saying she was taking leave due to a stressful work environment and "medical issues," but did not elaborate.

She later received a letter from the city terminating her employment. Her subsequent lawsuit failed when the judge held that calling in sick without further information did not qualify as adequate notice to her employer under the FMLA and therefore did not trigger any obligations on the city's part under the act. The Third Circuit agreed.

"The email only conveyed to Washington that Gardiner's doctor suggested she take 'sick leave' for a few days because of a 'stressful work environment' and 'other medical issues' and that she hoped to return to work the following week," Fuentes said. "Gardiner did not identify the 'other medical issues' in the email, nor did she advise Washington of what these medical issues were. Instead, it was later learned that the 'other medical issues' referred to Gardiner's self-diagnoses of depression, anxiety, and stress, for which she never received a diagnosis or any treatment. Further, Gardiner failed to discuss her medical issues or her request for sick leave with the city's human resources department."

Wayne Ely, Gardiner's lawyer, did not respond to a request for comment. The city also did not respond to a request for comment.