An employee with severe shoulder pain sought and received from his employer leave under the Family and Medical Leave Act. The employer notified the employee that the leave was limited to up to four medical appointments per year and for monthly flare-ups lasting up to three days per episode.
Then, things got curious.
I’ve talked a fair amount recently about retaliation claims (here and here), mostly focusing on timing as the possible link between a protected activity (such as a complaint of discrimination) and an adverse employment action (like a firing).
The plaintiffs in those cases were unsuccessful in proving retaliation. And, in the case about which I’m blogging today, the employer almost prevailed on summary judgment too.
Almost. Continue reading