United States Fourth Circuit

Answering two questions of first impression for the circuit, the court holds: 1) the Family and Medical Leave Act does not provide a covered employee with an absolute right to be restored to his previous job after taking approved leave; and 2) a private employer that contracts with an Indian tribe is not subject to suit for race discrimination under 42 U.S.C. section 1981 when it enforces a contractual tribal preference policy.

Appellate Information

• Argued 03/15/2006
• Decided 04/27/2006
• Published 04/27/2006

Judges

• Before MOTZ and TRAXLER, Circuit Judges, and JAMES P. JONES, Chief United States District Judge for the Western District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Michael Geoffrey Wimer, Wimer & Jobe, Arden, North Carolina, for Appellant.  Jeffrey Andrew Lehrer, Ford & Harrison, L.L.P., Spartanburg, South Carolina, for Appellee.   ON BRIEF:  Karen M. Tyner, Ford & Harrison, L.L.P., Spartanburg, South Carolina, for Appellee.