18 Cited authorities

Arlington Heights v. Metropolitan Housing Corp.
429 U.S. 252 (1977) Cited 4,349 times 8 Legal Analyses
Holding that plaintiffs need show only that "a discriminatory purpose has been a motivating factor in the decision," because, after all, "[r]arely can it be said that a legislature or administrative body operating under a broad mandate made a decision motivated solely by a single concern, or even that a particular purpose was the ‘dominant’ or ‘primary’ one."
Russell v. McKinney Hosp. Venture
235 F.3d 219 (5th Cir. 2000) Cited 843 times 1 Legal Analyses
Holding that coworker's frequently repeated comment that the plaintiff was an "old bitch" showed a discriminatory animus
Edgar v. JAC Prods., Inc.
443 F.3d 501 (6th Cir. 2006) Cited 674 times 2 Legal Analyses
Holding "interference 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"
Strickland v. Water Works and Sewer Bd.
239 F.3d 1199 (11th Cir. 2001) Cited 624 times 1 Legal Analyses
Holding that an employee with diabetes had an unforeseeable need for leave when he "suffer[ed] a debilitating diabetic attack"
Stallings v. Hussmann Corp.
447 F.3d 1041 (8th Cir. 2006) Cited 507 times
Holding that judicial estoppel did not apply because the bankruptcy court dismissed the case on the trustee's motion and therefore never discharged the debt
Doebele v. Sprint/United Mgmt. Co.
342 F.3d 1117 (10th Cir. 2003) Cited 328 times 1 Legal Analyses
Holding that issues not raised on appeal are deemed waived
Novak v. Metrohealth
503 F.3d 572 (6th Cir. 2007) Cited 205 times
Holding that a medical certification form under a related FMLA provision is insufficient where it lacks a statement of "the appropriate medical facts within the healthcare provider's knowledge" to support the FMLA claim
Acker v. Gen. Motors, L.L.C.
853 F.3d 784 (5th Cir. 2017) Cited 147 times
Holding that "a request for FMLA leave is not a request for a reasonable accommodation under the ADA," because "an employee seeking FMLA leave is by nature arguing that she cannot perform the functions of the job, while an employee requesting a reasonable accommodation communicates that she can perform the essential functions of the job"
Cuellar v. Keppel Amfels, L.L.C.
731 F.3d 342 (5th Cir. 2013) Cited 64 times 2 Legal Analyses
Noting that the critical inquiry is "whether [the claim] arises from the deprivation of an [employee's] FMLA entitlement or from punishment exacted for her exercise of an FMLA right"
Miller v. Metrocare Servs.
809 F.3d 827 (5th Cir. 2016) Cited 36 times 1 Legal Analyses
Affirming the district court's order granting summary judgment in favor of the employer on the plaintiff's FMLA and ADA claims because even though "these claims vary in their prima facie elements, none will give rise to any relief where the employer has terminated the employee for valid reasons unrelated to any alleged discriminatory or unlawful motive"
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,753 times 16 Legal Analyses
Allowing service by filing papers with the court's electronic-filing system
Section 2601 - Findings and purposes
29 U.S.C. § 2601 Cited 7,725 times 39 Legal Analyses
Finding that there is inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods
Section 2615 - Prohibited acts
29 U.S.C. § 2615 Cited 5,162 times 23 Legal Analyses
Granting prescriptive rights
Section 2614 - Employment and benefits protection
29 U.S.C. § 2614 Cited 1,851 times 18 Legal Analyses
Holding that the substantive right to reinstatement "shall [not] be construed to entitle any restored employee to ... any right, benefit, or position of employment other than any right, benefit or position to which the employee would have been entitled had the employee not taken the leave."
Section 825.303 - Employee notice requirements for unforeseeable FMLA leave
29 C.F.R. § 825.303 Cited 818 times 14 Legal Analyses
Explaining notice should include "the anticipated duration of the absence, if known "
Section 825.305 - Certification, general rule
29 C.F.R. § 825.305 Cited 432 times 14 Legal Analyses
Requiring that when an "employer requests certification, the employer must also advise an employee of the anticipated consequences of an employee's failure to provide adequate certification"
Section 825.113 - Serious health condition
29 C.F.R. § 825.113 Cited 320 times 20 Legal Analyses
Explaining that “bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider” are not sufficient

Devoss v. Southwest Airlines Co

18 Cited authorities

Holding that coworker's frequently repeated comment that the plaintiff was an "old bitch" showed a discriminatory animus

Holding "interference 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"

Holding that an employee with diabetes had an unforeseeable need for leave when he "suffer[ed] a debilitating diabetic attack"

Holding that judicial estoppel did not apply because the bankruptcy court dismissed the case on the trustee's motion and therefore never discharged the debt

Holding that issues not raised on appeal are deemed waived

Holding that a medical certification form under a related FMLA provision is insufficient where it lacks a statement of "the appropriate medical facts within the healthcare provider's knowledge" to support the FMLA claim

Noting that the critical inquiry is "whether [the claim] arises from the deprivation of an [employee's] FMLA entitlement or from punishment exacted for her exercise of an FMLA right"

Allowing service by filing papers with the court's electronic-filing system

Finding that there is inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods

Granting prescriptive rights

Holding that the substantive right to reinstatement "shall [not] be construed to entitle any restored employee to ... any right, benefit, or position of employment other than any right, benefit or position to which the employee would have been entitled had the employee not taken the leave."

Explaining notice should include "the anticipated duration of the absence, if known "

Requiring that when an "employer requests certification, the employer must also advise an employee of the anticipated consequences of an employee's failure to provide adequate certification"

Explaining that “bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider” are not sufficient