FMLA Law
 
Moira E. Teixeira v. Town of Coventry District of Rhode Island Federal Courthouse - Providence, Rhode Island

The McDonnell Douglas framework,
see McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-804 (1973),
has proven to be a useful tool in the adjudication of pretrial
motions (especially at the summary judgment stage) in
discrimination and retaliation cases. See, e.g., Burns v. Johnson,
829 F.3d 1, 8 (1st Cir. 2016) (discrimination); Henry v. United
Bank, 686 F.3d 50, 55 (1st ... More...
   $0 (02-12-2018 - RI)

Marie DiFiore v. CSL Behring, LLC Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Marie DiFiore asserted claims against her former employer, CSL Behring, for retaliation in violation of the False Claims Act, and for wrongful discharge under a theory of constructive discharge in violation of Pennsylvania state
3
law. The False Claims Act (“FCA”) includes an anti-retaliation provision for employee whistleblowers who engage in activity protected by the FCA. The District Co... More...
   $0 (01-14-2018 - PA)

Jacqueline Lewis v. City of Union City, Georgia, Chief of Police Charles Odom Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Jacqueline Lewis, an African-American police detective in Union City,
Georgia, was terminated abruptly from her position after about ten years of service.
The ostensible reason was that Ms. Lewis was absent without leave—this
notwithstanding that the Union City Police Department (“UCPD”) only days
earlier had placed her on indefinite administrative leave pending resolution of theMore...
   $0 (12-15-2017 - GA)

Dena Utter v. Amie Rose Colclaizer Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Plaintiffs Kena Utter, Aubree Holsapple, and Dara Campbell (collectively, the Teachers) appeal the district court’s dismissal of their numerous federal and state claims against the Seminole School District (District), which is governed by the
2
Seminole Board of Education (the Board), and three of the Board’s five members,
Amie Rose Colclazier, Jack Cadenhead, and Mickey Upton (collec... More...
   $0 (11-07-2017 - NV)

LaWanda King v. Ford Motor Company

LaWanda King worked for many
years as an assembler in Ford Motor Company’s vehicle assembly
plants. After transferring to its Chicago plant in 2010,
though, she claims that she was sexually harassed by a super‐
* Of the Northern District of Indiana, sitting by designation.
2 No. 16‐3391
visor, after which she began getting reassigned to less desirable
tasks,... More...
   $0 (10-02-2017 - IL)

Raymond Severson v. Healthland Woodcraft, Inc. United States Court of Appeals for the Eighth Circuit - St. Louis, Missouri

From 2006 to 2013, Raymond Severson worked for Heartland Woodcraft, Inc., a fabricator of retail display fixtures. The work was physically demand-ing. In early June 2013, Severson took a 12-week medical leave under the Family Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601 et seq., to deal with serious back pain. On the last day of his leave, he underwent back surgery, which
2 No. 15-3754
re... More...
   $0 (09-27-2017 - WI)

Margaret Mullendore v. City of Belding, Michigan, et al. Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

Margaret Mullendore served as the City Manager for the City of Belding, Michigan. In January 2015, she notified the members of Belding’s City Council—all five of whom are defendants—that she would be taking time off due
to a surgery and indicated that she would be able to work remotely while recovering. While she
was away from the office, the city council voted to terminate her employment,... More...
   $0 (09-15-2017 - OH)

Craig Zuber v. Boscov's Third Circuit Court of Appeals - Philadelphia, Pennsylvania

In this appeal, we must determine whether a former employee waived his right to assert claims under the Family and Medical Leave Act of 1993, 29 U.S.C. § 2617 (“FMLA”), and Pennsylvania common law when he signed a Compromise and Release Agreement (“C&R”) to settle his workers’ compensation claims. The District Court held that the former
3
employee had waived his claim, and granted Boscov’s... More...
   $0 (09-13-2017 - PA)

Stephanie Hicks v. City of Tuscaloosa, Alabama Eleventh Circuit - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Stephanie Hicks brought this action against the Tuscaloosa Police Department under the Pregnancy Discrimination Act (PDA) and the Family and Medical Leave Act (FMLA) after her reassignment and constructive discharge. Hicks prevailed at a jury trial, and the City now appeals the denial of its motion for judgment as a matter of law, its motion for a new trial, and the allegedly erroneous jury instru... More...   $0 (09-10-2017 - AL)

Cheryl Williams v. Pennsylvania Human Relations Commission

Cheryl Williams, an African-American woman, claims that she was subjected to constant harassment at the Pennsylvania Human Relations Commission (the “Commission”) by her supervisors, Joseph Retort and Adam Stalczynski. As a result of this treatment, she alleges she faced
3
a hostile work environment and was ultimately constructively discharged from her position as a Human Relations Represe... More...
   $0 (09-03-2017 - PA)

Alana Shultz v. Congregation Shearith Israel of the City of New York, et al. Second Circuit Court of Appeals - New York, New York

Plaintiff-appellant Alana Shultz appeals from a judgment of the United
States District Court for the Southern District of New York (J. Paul Oetken, Judge),
dismissing her federal claims for sex discrimination and retaliation in violation of
Title VII of the Civil Rights Act of 1964 (“Title VII”), and interference with her
rights under the Family and Medical Leave Act (“FMLA”) for f... More...
   $0 (08-10-2017 - NY)

Renee Credeur v. State of Louisiana

Renee Credeur was employed by the Office of Attorney General for the State of Louisiana (“DOJ”) as a litigation attorney. During the course of her employment, she developed serious health problems due to complications from a kidney transplant. On account of her illness, the DOJ granted her temporary accommodations to work from home with the goal of eventually reintegrating her into the office. Aft... More...   $0 (06-23-2017 - LA)

Autumn Tibbs v. Administrative Office of the Illinois Courts

Plaintiff Autumn Tibbs worked
as an administrative assistant in the Illinois court system. She
was suspended the day she returned to work after taking
leave under the Family and Medical Leave Act of 1993, 29
U.S.C. §§ 2601 et seq. She was then fired after she chose not to
attend a disciplinary meeting. Tibbs sued the Administrative
Office of the Illinois Courts. She contend... More...
   $0 (06-19-2017 - IL)

Gerald Caldwell v. KHOU-TV; Gannett Company, Inc.

After being fired, Gerald Caldwell sued his employers, KHOU-TV and Gannett Company, Inc. (collectively, “the Defendants”), for violations of the Americans with Disabilities Act (“ADA”) and the Family Medical Leave Act (“FMLA”). The district court granted summary judgment in favor of the Defendants and Caldwell appealed. Because we find that Caldwell raised a genuine issue of fact over whether the ... More...   $0 (03-07-2017 - TX)

Frederick Capps v. Mondelez Global, LLC

Frederick Capps challenges the District Court’s Order
granting summary judgment in favor of Capps’ former
employer, Mondelez Global, LLC (“Mondelez”), one of the
largest manufacturers of snack food and beverage productions
in the United States. Specifically, Capps argues that the
District Court erred in granting Mondelez’s summary
judgment motion on Capps’ claims that Monde... More...
   $0 (02-12-2017 - PA)

Veronica Hernandez-Nolt v. Washington County

In this wrongful discharge case, plaintiff appeals
the trial court’s judgment in favor of plaintiff’s former
employer, defendant Washington County.1 Plaintiff asserts
that the trial court erred when it granted a directed verdict
to the county based on its conclusion that plaintiff was
not fulfilling an important public duty, which is a required
element of a wrongful dischar... More...
   $0 (02-08-2017 - OR)

STATE OF MONTANA v. JOEY WENDELL BRAVE

On July 15, 2013, the State of Montana charged Brave with sexual intercourse
without consent, a felony in violation of § 45-5-503, MCA. The State alleged that Brave
had sexual intercourse with A.C. and, as a result, A.C. became pregnant and gave birth to
twins. At the time of the alleged offense, Brave was eighteen years old and A.C. was
fourteen years old. On May 16, 2014, ... More...
   $0 (08-17-2016 - MT)

STATE OF MONTANA v. JOEY WENDELL BRAVE

On July 15, 2013, the State of Montana charged Brave with sexual intercourse
without consent, a felony in violation of § 45-5-503, MCA. The State alleged that Brave
had sexual intercourse with A.C. and, as a result, A.C. became pregnant and gave birth to
twins. At the time of the alleged offense, Brave was eighteen years old and A.C. was
fourteen years old. On May 16, 2014, ... More...
   $0 (07-28-2016 - MT)

SYLVIA GALVAN v. MEMORIAL HERMANN HOSPITAL SYSTEM

In enacting the Family and Medical Leave Act (FMLA), Congress struck a delicate balance to
accommodate “the demands of the workplace” while promoting the “economic security of families.”
29 U.S.C. § 2601(b)(1). Congress ensured employees were entitled “to take reasonable leave for
medical reasons,” but recognized the economic necessity of accommodating “the legitimate interests
o... More...
   $0 (12-04-2015 - TX)

KINGSAIRE, INC. D/B/A KINGS AIRE, INC. v. JORGE MELENDEZ

Petitioner Kingsaire, Inc., doing business as Kings Aire, Inc. (Kings Aire), is a family-owned
heating, ventilation, and air-conditioning company in El Paso. In May 2004, Kings Aire hired Jorge
Melendez as a “helper tradesman” whose initial duties included welding frames for refrigeration
units. A few months after he was hired, Melendez transferred to the electrical department as aMore...
   $0 (12-04-2015 - TX)

Jeffrey A. Miller v. State of Tennessee

Jeffrey Miller (“Employee”) was employed by the University of Tennessee (“Employer”) as a parking attendant. He worked on a part-time basis for seven years before becoming a full-time employee in 2008. While working for Employer, he also had a part-time job as an exterminator for a local motel. Previously, he had built swimming pools; been a sales associate at a building supply store; installed... More...   $0 (11-19-2015 - TN)

David A. Gauthier v. Keurig Green Mountain, Inc. f/k/a Green Mountain Coffee Roasters, Inc.

As a preliminary matter, we address Green Mountain’s motion to strike certain
portions of Gauthier’s printed case on the ground that it contains certain excerpts from
Gauthier’s deposition and two pages from Green Mountain’s employee handbook that were not
submitted to the trial court in the proceeding below by either party and thus are not part of the
record on appeal. See V.... More...
   $0 (10-24-2015 - )

Alamo Heights ISD v. Catherine Clark

Alamo Heights Independent School District (AHISD) appeals the denial of the plea to the jurisdiction it filed in response to the discrimination and retaliation lawsuit filed by former employee Catherine Clark. We affirm the trial court’s order.
BACKGROUND
Clark was hired by AHISD as a physical education teacher and coach for female students at Alamo Heights Junior School in 2007. Her direc... More...
   $0 (10-21-2015 - TX)

John Michael Woods v. City of Berwyn

When John Woods told a coworker
at the Berwyn Fire Department that “he wanted to
2 No. 13-3766
kill somebody, all of them” and that his children were going
to “go over there” and “tune them up,” referring to his
coworkers and superiors, Fire Department Chief Denis
O’Halloran looked into the statements and eventually recommended
termination. A three-member panel for the<... More...
   $0 (10-15-2015 - IL)

LuzMaria Arroyo v. Volvo Group North America, LLC d/b/a Volvo Parts of North America

LuzMaria Arroyo is an Army Reservist
and veteran who suffers from post-traumatic stress
disorder (“PTSD”). She worked for Volvo Group North
America, LLC, d/b/a Volvo Parts North America (“Volvo”)
from June 2005 until she was fired in November 2011. Volvo
says it fired her for violations of its attendance policy, but
2 No. 14-3618
Arroyo claims the real reason was discr... More...
   $0 (10-06-2015 - IL)

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