D. P. MARSHALL, Jr., District Judge.
Withers has abandoned his federal age discrimination claims, his state law claims against all parties, and his individual-capacity claims against Johnson under the Rehabilitation Act and the ADA. No. 35 at 2-3. Those claims are dismissed without prejudice. What remains are interference and retaliation claims under the FMLA, and discrimination and retaliation claims under the ADA and § 504 of Rehabilitation Act of 1973, against Pulaski County and Judge Johnson in his official capacity. The Court views all the facts in the light most favorable to Withers. Torgerson v. City of Rochester, 643 F.3d 1031,1042 (8th Cir. 2011)(en bane).
Pulaski County couldn't hire and fire Withers or supervise his schedule. Those powers, Withers agrees, were Johnson's alone. No. 26-3 at 8. Withers has offered no evidence that the County controlled his employment conditions, exercised day-to-day control over him, or managed the details of his work. See, e.g., Braden v. County ofWashington, 2010 WL 1664895 (W.D. Pa. 23 April 2010). The County did handle his payroll and benefits, but purely administrative tasks like this are not enough to create a joint-employment relationship. Spears v. Choctaw County Commission, 2009 WL 2365188 (S.D. Ala. July 30, 2009); Catani, 2001 WL 920025 at 7. All of this weighs against any joint employment. What weighs for it are the County policies about returning to work after medical leave. No. 28-1 at 70-72. These policies frame this dispute. It is undisputed though, that Judge Johnson was the only one who could, and who did, apply those policies to Withers when it came to keeping the job. That ultimate control, in combination with all the other job circumstances, makes the legal difference. Pulaski County was not Withers's joint employer with the Circuit Court. Absent an employee-employer relationship, Withers has no FMLA and ADA claims against the County. 29 U.S.C. §2615(a)(2);42 U.S.C. §§ 12111(2) &12112(a). TheCounty'smotionfor summary judgment is therefore granted.
Due to medication, Withers was unable that Tuesday to drive to the courthouse and hand deliver his notice of fitness for work. He tried but was unable to reach Johnson by phone on Tuesday and Wednesday. He left voicemails on the Judge's direct line. The messages were vague: "this is Calvin Withers, give me a call back;" and "this is Calvin Withers, could you give me a call back, I left a message yesterday, could you holler back at me[?]" No. 26-2 at 5-6. Johnson never responded. Withers called chambers on Friday afternoon, but the Judge had left for the weekend. No. 26-2 at 7. At Withers's request, a law clerk sent Johnson a text, which he got, asking that he call Withers. Withers could have gone to the Courthouse on Wednesday, Thursday, or Friday, but didn't.
Judge Johnson fired Withers on Monday— six days after Withers's doctor released him. Because of privacy concerns, Withers chose not to fax his notice to the Judge's chambers or to Linda Lidell, a Pulaski County human resources employee, until the same Monday that Johnson mailed Withers the termination letter. Another County policy says "[e]mployees who fail to return to work as designated are considered to have resigned." No. 28-1 at 72. Withers got notice of his termination eight days after he was cleared to return to work.
The Court evaluates Withers's FMLA, ADA, and§ 504 retaliation claims under the familiar McDonnell Douglas burden-shifting framework. Ballard v. Rubin, 284 F.3d 957,960 n. 2 (8th Cir. 2000). The same framework applies to his ADA disparate-treatment claim. Fenney v. Dakota, Minnesota & Eastern Railroad Co., 327 F.3d 707, 711-12 (8th Cir. 2003).
No reasonable person could conclude that Withers was fired because of his 25 pound lifting restriction, or that some other" protected trait ... actually motivated [Johnson's] decision." Peebles v. Potter, 354 F.3d 761, 768 (8th Cir. 2004). Withers's job required minimal physical effort. His duties consisted primarily of typing, filing, writing, working on a computer, and talking with probationers. Withers acknowledged that an assistant probation officer does not have to lift 25 pounds or more. No. 26-2 at 4. His physical restriction was incidental to his job performance. Before he went on FMLA leave, Withers was restricted from squatting, bending, stooping, squatting, and lifting, pushing, or pulling more than ten pounds while at work. No. 26-1 at 15-16. Johnson never objected to Withers's more limiting restrictions; no reasonable juror could find that he fired Withers because of a less onerous restriction on lifting.
Johnson has articulated a clear, legitimate, and non-discriminatory reason for firing Withers. Withers failed to provide immediate notice of his eligibility to return to work, contrary to County policy. No. 26-8. Johnson's reason doesn't have to be "wise, fair, or even correct, ultimately, so long as it trulywasthereasonfor [Withers's] termination." Wilking v. CountyofRamsey, 153 F.3d 869, 873 (8th Cir. 1998). Withers acknowledges that he could have brought the medical release to Johnson any time during the three business days after getting it. Withers called and waited instead. Withers's messages, moreover, were incomplete: "call me back" is not "I'm released and able to come back to work." Withers's obligations to follow County policy did not end when he took medicalleave. Chappell v. Bilco Co., 675 F.3d 1110, 1115 (8th Cir. 2012).
Withers must therefore offer enough evidence to justify a jury's conclusion that Judge Johnson's reason— the policy violation— was a pretext for FMLA retaliation. Withers could show that Johnson's decision had no factual basis, that similarly situated employees were treated differently, or that Johnson deviated from his usual policies. Stallings v. Hussman Corp., 447 F.3d 1041, 1052 (8th Cir. 2006). Withers takes the last route: he says that Johnson required him to disclose his personal medical information in violation of the ADA. No. 38 at 7. The argument is murky. Is Withers saying that the County policy about providing work releases as soon as possible violates the ADA? It is also not clear how Johnson allegedly deviated from the policy. No evidence suggests that Johnson asked or required Withers to fax the information— Linda Liddel, a Pulaski County HR employee, made that request. And on prior returns to work, Withers provided similar documentation to human resources without concern. No. 28-1 at 23-24. Ultimately, this argument misses the point. Whether to fax or not to fax became a question only because Withers decided against personal delivery. No one required him to disclose any health-related information by fax or telephone. The point of a work release is that the employee is able to return to the workplace; Withers chose not to do so. His FMLA retaliation claim fails as a matter of law.
The motions No. 25 & 28, are granted. Withers's complaint is dismissed with prejudice.
So Ordered.