United States Third Circuit

In this action brought by plaintiff-employee for Family Medical Leave Act (FMLA) interference and retaliation claims, summary judgment in favor of defendant-employer and denial of plaintiff's motion for leave to amend her complaint is: 1) affirmed as to the denial of plaintiff's motion for leave to amend her complaint to add a claim for violation of the Americans with Disabilities Act (ADA), as defendant did not "regard" defendant as having anything other than a broken finger, which renders her proposed amendment futile under the ADA; 2) vacated as to summary judgment on the FMLA interference claim, as genuine issues of material fact existed regarding whether plaintiff could not perform an essential function of her job; and 3) vacated as to summary judgment on the FMLA retaliation claim, as plaintiff adduced enough evidence that a reasonable jury could conclude that she suffered an adverse employment action when she was replaced.

Appellate Information

• Decided 08/27/2014
• Published 08/27/2014

Judges

• Chagares

Court

• United States Third Circuit

Counsel