The application of a lower causation standard to FMLA retaliation claims will most likely make it harder for employers in the Second Circuit to get such claims dismissed at the summary judgment stage.
The Fourth Circuit recently held that an employer is not liable for Title VII retaliation even though it terminated an employee for supposedly lying about the sexual harassment of two other employees.
The Fifth Circuit’s decision lends support to employers within its jurisdiction that refuse to permit “unlimited” telecommuting as an accommodation for positions that require onsite attendance as an essential job function.
Eric A. Welter was recognized as a leading labor and employment law attorney for DC and VA by Super Lawyers. This is his eleventh consecutive recognition by the national rating service from Thomson Reuters.