No FMLA Claim for "Exacerbation" of Condition
Last month the Seventh Circuit - the most active appellate court interpreting the FMLA - dismissed a claim by an employee who claimed that his supervisor's conduct exacerbated his pre-existing serious health condition. Breneisen v. Motorola Inc., 2011 U.S. App. LEXIS 18301 (7th Cir. Sept. 2, 2011). This was a case of first impression for the court, but it followed the Sixth Circuit's reasoning in Edgar v. JAC Prods. Inc., 443 F.3d 501 (6th Cir....
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