United States Fourth Circuit

In suit against defendant alleging violations of the Family Medical Leave Act (FMLA), by terminating her employment in retaliation for her decision to take medical leave and by failing to restore her to an equivalent position upon her return from leave, summary judgment for defendant is affirmed, where: 1) plaintiff fails to point to any evidence that defendant treated similarly situated employees who had not taken FMLA leave more favorably; and 2) the record shows that defendant would have suspended and terminated plaintiff's employment regardless of her decision to take leave.

Appellate Information

• Decided 01/09/2013
• Published 01/09/2013

Judges

• WILKINSON

Court

• United States Fourth Circuit

Counsel