United States Third Circuit

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Capps v. Mondelez Global LLC, 15-3839

In an action brought against plaintiff's former employer, one of the largest manufacturers of snack food and beverage productions in the U.S., claiming that defendant interfered with his rights under the Family and Medical Leave Act (FMLA), 29 U.S.C. section 2601 et seq., acted in retaliation to plaintiff's proper use of FMLA leave, and violated the Americans with Disabilities Act, as amended (ADA), 42 U.S.C. section 12101 et seq, the district court's grant of summary judgment to defendant is affirmed where: 1) an employer’s honest belief that its employee was misusing FMLA leave can defeat an FMLA retaliation claim; and 2) under certain circumstances, a request for intermittent FMLA leave may also constitute a request for a reasonable accommodation under the ADA, but under the circumstances in this particular case, even assuming, arguendo, such a request was made, there is a lack of evidence that defendant failed to provide any requested accommodation.

Appellate Information

  • Decided
  • Published 2017/01/30




  • United States Third Circuit


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