United States Second Circuit
Donnelly v. Greenburgh Cent. Sch. Dist. No. 7, 11-2448
In a former high school teacher's suit against a school district, alleging that he was unlawfully denied tenure in retaliation for having taken protected leave pursuant to the Family Medical Leave Act (FMLA), district court's judgment in favor of the school district is reversed and remanded where: 1) plaintiff has presented a genuine issue of material fact as to whether he worked enough hours to be eligible for FMLA leave; 2) the standard governing review of allegedly unlawful university tenure denials is inapplicable to such denial in public high schools; and 3) plaintiff has presented enough evidence of FMLA retaliation to survive a motion for summary judgment.
Appellate Information
- Decided 08/10/2012
- Published 08/10/2012
Judges
- Lynch
Court
- United States Second Circuit