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Sixth Circuit Allows Mix-Motive Standard for FMLA Retaliation Claims |
October 8, 2009
Previously published on October 2009
Recently, an employee was allowed to proceed with her claim for workplace retaliation under the Family Medical Leave Act ("FMLA") after an employer placed her on involuntary medical leave when she returned to work from surgery. In Hunter v. Valley View Local Schools (6th Cir., No. 08-4109), the Sixth Circuit Court of Appeals reversed a lower court's ruling on summary judgment and found that a jury should decide whether a school superintendent's admitted consideration of FMLA absences in the decision constituted unlawful retaliation for the employee's exercise of rights under the FMLA.
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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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