7th Circuit Affirms Summary Judgment for Employer in FMLA Lawsuit
Submitted by sglickman on
On March 9, 2022, the 7th Circuit affirmed an order of summary judgment in favor of the defendant employer in a lawsuit filed by a former employee, who alleged that the employer violated the Family and Medical Leave Act ("FMLA") by terminating her employment four days after she returned to work from an FMLA leave of absence. Anderson v. Nations Lending Corporation, No. 21-1885 (7th Cir. March 9, 2022). She filed a federal lawsuit for violations of the Americans with Disabilities Act as well as for interference and retaliation under the FMLA. In an FMLA interference lawsuit, the employee has the burden to demonstrate that the interference occurred. To prevail on an FMLA interference claim, a plaintiff must establish that: (1) she was eligible for the FMLA; (2) her employer was covered by the FMLA; (3) she was entitled to leave under the FMLA; (4) she provided notice of her intent to take leave; and (5) her employer denied her FMLA benefits to which she was entitled. At issue in this case was the fifth element.