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Employer’s Consistent Explanation for Discharging Employee Defeats Discrimination Claims

Kollman & Saucier
Kollman & Saucier
04/11/2013
Disability & Leave, Employment Discrimination, FMLA, Reasonable Accommodations/Undue Burden, Retaliation, State Law
In Anderson v. Discovery Communications, 8:08-cv-02424, 2013 WL 1364345 (4th Cir. Apr. 5, 2013), the Fourth Circuit affirmed a decision from the United States District Court for the District of Maryland granting summary judgment to Discovery and a cadre of individual defendants on claims under the Americans with Disabilities Act (ADA), Montgomery County Human Rights Act (MCHRA), and Family and Medical Leave Act (FMLA). Though unremarkable in and of...
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No FMLA Claim For Employee Who Posted Vacation Photos On Facebook During Leave

Kollman & Saucier
Kollman & Saucier
02/26/2013
FMLA
A federal court in Michigan recently dismissed the FMLA claims of an employee fired for misuse of FMLA leave and dishonesty after posting photographs of her vacation on Facebook while on medical leave.  Lineberry v. Richards, No. 2: 11-13752 (E.D. Mich. Feb. 5, 2013).   Carol Lineberry worked as a registered nurse for Detroit Medical Center (DMC).  In January 2011, Lineberry complained of excruciating pain in her back and legs after moving...
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Employee Not Entitled To FMLA After Failing To Produce Health Care Provider Certification

Kollman & Saucier
Kollman & Saucier
02/21/2013
FMLA
Most employers and human resource professionals know that the Family and Medical Leave Act (FMLA) permits certain employees of covered employers to take unpaid leave for specified family and medical reasons.  The FMLA, through its implementing regulations, requires that an employee claiming FMLA provide his or her employer within fifteen days (or longer if the employer so allows) a certificate of health care provider confirming the employee’s...
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Department of Labor Issues Revised FMLA Regulations

Darrell VanDeusen
Darrell VanDeusen
02/07/2013
Agency Activity, FMLA
On the 20th Anniversary of the Family and Medical Leave Act (FMLA), the DOL issued its final regulations on Servicemember FMLA and on Flight Crew eligibility.  There was little outcry about these changes to the regulations.  The changes take effect 30 days from their publication in the February 6, 2013 Federal Register, which republished all of the FMLA regulations,  as well as the changes. You can find them through this...
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Supreme Court Denies Review On FMLA Interference Burden Of Proof

Darrell VanDeusen
Darrell VanDeusen
01/31/2013
FMLA
The burden of proof in interference claims under the Family and Medical Leave Act (FMLA) is one that divides the federal appellate courts.  But not enough, it appears, to warrant Supreme Court review.  On January 14, 2013, the Supreme Court denied a petition for a writ of certiorari in Thomsen v Stantec, Inc., , 2013 U.S. LEXIS 751 (Jan. 14, 2013), which sought to have the Court consider the issue. Thomsen was an electrical engineer for Stantec....
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