Takeaway: Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) discrimination and retaliation claims following an employee's termination are often complex and highly dependent on the specific facts of each case. Employers must be diligent in documenting all FMLA and ADA requests and any related communications, along with any employee performance or disciplinary issues. Employers should make the documentation available to a qualified employment law attorney defending against the charges.
Competing allegations over the reason an employee was fired by a medical research clinic raised genuine issues of disputed facts that resulted in some of the employee's Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) claims going forward, a federal district court ruled. The court granted in part and denied in part the employer's motion for summary judgment.
The employee was a supervisor of clinical trials at the research facility. In December 2019, she was diagnosed with breast cancer. She requested and was approved for unpaid intermittent ADA leave for her medical appointments and treatment. In the summer of 2020, the employee was approved for eight weeks of FMLA leave to undergo a double mastectomy. However, the employee returned to work after only using six weeks of leave, saying that her supervisor had called and asked her to return to work early. She later said she felt pressured to return.
In October 2020, the employee again...
WASHINGTON — The Department of Homeland Security on Tuesday directed U.S. Immigration and Customs Enforcement to ramp up enforcement against fraudulent asylum claims, including pursuing actions ag...