What Are FMLA'ers Entitled To & How Far Does Gross Go?

In Harris v. Metro Gov't of Nashville, Judge Guy, writing for the Sixth Circuit Court of Appeals provides helpful precedent for employers regarding FMLA interference claims. Specifically, Harris draws the helpful distinction regarding exactly what benefits employees are entitled to upon return from FMLA leave. (In Harris's case, he claimed he was entitled to a supplemental stipend for coaching the high school basketball team which he did not qualify for because of his leave.) According to the Court, "[i]nterference with an employee's FMLA rights does not constitute a violation if the employer has a legitimate reason unrelated to the exercise of FMLA rights for engaging in the challenged conduct. "

The Court also clarified that, despite FBL v. Gross, plaintiffs can still utilize the McDonnell Douglass framework to establish disparate treatment claims under ADEA based on circumstantial evidence. Nonetheless, as compelled by Gross, "[t]he plaintiff retains the ultimate burden of proving that 'age was the but-for cause of the employer's adverse action.'"

Click here for a copy of the Court's opinion.

Click here for a copy of Gross.