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An employee being seven months into her pregnancy, coupled with her supervisor’s awareness of her pregnancy and consequent FMLA leave request, is enough to raise a genuine dispute of material fact whether she was terminated because of the leave request.

By Austin Campbell on September 29, 2016
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“The Defendants also claims [sic] that the Plaintiff could not satisfy the third prong of the prima facie case [for FMLA retaliation] and could not establish a causal connection that her pregnancy caused her to get fired. The Defendants contend that there is no indication [Defendant] was aware that the Plaintiff was pregnant or wanted FMLA and therefore causation cannot exist. However, the [employee’s supervisor’s] declaration coupled with the fact that the Plaintiff was seven months pregnant during the instant controversy creates a genuine issue of material fact. A jury could conclude that [Defendant] was aware of Plaintiff’s pregnancy and desire to take FMLA and that Plaintiff’s one day absence from work was merely a pretextual reason for her termination.” 2016 WL 4720006, at *4

Thompson v. Beacon Behavioral Hosp., No. 15-5455, 2016 WL 4720006 (E.D. La. Sept. 8, 2016).

  • Posted in:
    Employment & Labor
  • Blog:
    Texas Employment Lawyer
  • Organization:
    Law Office of Rob Wiley, P.C.
  • Article: View Original Source

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