Articles

Amy Traub, Saima Sheikh Author Analysis of Recent Appeals Court Ruling in FMLA Case

Articles / August 17, 2017

Partner Amy Traub and Associate Saima Sheikh authored an article published Aug. 15, 2017, by Law360. The article, “2nd Circ. Lowers Bar for Employee FMLA Retaliation Claims,” is an analysis of the Second Circuit’s recent decision that applied a lower causation standard to determine whether employers have retaliated against employees for exercising their rights under the Family and Medical Leave Act (FMLA).

Traub and Sheikh discuss arguments advanced in the Cassandra Woods v. START Treatment & Recovery Centers matter and conclude:

As a result of this decision, it may be easier for employees within the Second Circuit to prove FMLA retaliation by their employers in that they need only demonstrate that their exercise of FMLA rights was one reason why their employers took adverse employment action against them. The adoption of a lessened “motivating-factor” liability standard may also make it more difficult for employers to prevail on summary judgment if there is any evidence in the record that the employee’s FMLA leave was viewed negatively by the employer, resulting in more cases proceeding to trial. This may incentivize employers to settle even baseless FMLA retaliation claims to avoid costly and unpredictable trials.

Read the article (registration required).

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