United States Third Circuit

In plaintiff's case against her former employer under the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and for retaliation, summary judgment in favor of defendant-employer is affirmed in part, and vacated and remanded in part where: 1) the record indicates that a reasonable jury could conclude that defendant-Nationwide had constructive notice of hours plaintiff worked from home and thus, she was eligible for FMLA leave for purposes of summary judgment; 2) the version of section 825.110 in effect at the time of plaintiff's dismissal was invalid; 3) firing an employee for a valid request for FMLA leave may constitute interference with the employee's FMLA rights as well as retaliation against the employee; and 4) because no reasonable jury could conclude that plaintiff was fired because of her daughter's known disability, district court's summary judgment on her ADA claim is affirmed.

Appellate Information

• Argued 11/17/2008
• Decided 09/23/2009
• Published 09/23/2009

Judges

• Before SCIRICA, Chief Judge, FUENTES and HARDIMAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Patricia C. Zucker, [Argued], Daley Zucker Meilton Miner & Gingrich, Wormleysburg, PA, Attorneys for Appellant.


• For Appellees:
  
• Donald R. Keller, [Argued], Vladimir P. Belo, Bricker & Eckler, Columbus, OH, Attorneys for Appellee.