Takeaway: To determine whether an employer's actions can withstand summary judgment, courts often ask three primary questions: (1) Does the company have fact-based, objective documentation of the rationale upon which its actions are based? (2) If the actions are based on a company policy, is the policy understandable, relevant and consistently implemented? and (3) Has the employer stated a business-related reason for the action taken, and do the facts support that rationale? If the employer can answer all three of these in the affirmative, it can support a strong defense against liability.
The 10th U.S. Circuit Court of Appeals upheld a lower court's dismissal of an employee's claims under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act, providing a number of steps an employer can take to support termination.
An employee was fired shortly after returning from FMLA leave. She then sued her former employer for retaliation and discrimination. The lower court granted summary judgment for the employer because the employee failed to demonstrate that the reason for her termination was a pretext. The 10th Circuit upheld that decision.
The employee, who had anxiety and depression, worked for the employer from 2013 to 2018. During her employment, the individual experienced anxiety but refused both her employer's offers to help and suggestions from the employer and medical providers that she take a medical leave.
In 2018, the employee's performance...
INDIANAPOLIS — Marion County Clerk Kate Sweeney Bell announced that county election officials are pushing back against viral social media posts falsely claiming that ballots marked by poll workers...