On May 11, 2026, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer 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), because the employee failed to show that her pregnancy was the employer’s reason for dismissing her.

• The Fifth Circuit rejected a plaintiff’s argument that the employer’s statement, “[Y]ou’re about to go on leave so … I can’t lose two people when you’re going to be taking leave soon,” constituted direct evidence of discrimination as it was too attenuated.
• The Fifth Circuit analyzed the plaintiff’s pregnancy discrimination claim under both the “but-for” and “mixed-motive” causation standards and found her evidence insufficient under either standard.
• The Fifth Circuit assumed without deciding that the mixed-motive standard applied to the plaintiff’s FMLA retaliation claim, declining to resolve an open question within the circuit regarding the applicable causation standard.

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 and that her former employer, Dealer Integrated Services (DIS), met its burden to show it would have dismissed Moreno regardless of her request for leave, due to her disruptive behavior in the office.

Factual Background

Moreno worked as...

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