12 Cited authorities

Reeves v. Sanderson Plumbing Prods., Inc.
530 U.S. 133 (2000) Cited 21,083 times 22 Legal Analyses
Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"
Tex. Dept. of Cmty. Affairs v. Burdine
450 U.S. 248 (1981) Cited 19,942 times 9 Legal Analyses
Holding in the Title VII context that the plaintiff's prima facie case creates "a legally mandatory, rebuttable presumption" that shifts the burden of proof to the employer, and "if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff"
Ragsdale v. Wolverine World Wide, Inc.
535 U.S. 81 (2002) Cited 900 times 6 Legal Analyses
Holding employee must “ha[ve] been prejudiced by the violation” to obtain relief
Ortiz v. Werner Enters., Inc.
834 F.3d 760 (7th Cir. 2016) Cited 1,549 times 8 Legal Analyses
Holding "all evidence belongs in a single pile and must be evaluated as a whole."
Burnett v. LFW Inc.
472 F.3d 471 (7th Cir. 2006) Cited 376 times 1 Legal Analyses
Holding that a question of material fact existed where an employer's classification of an employee's conduct as insubordinate stemmed in large measure from its mistaken belief that the employee was not entitled to FMLA leave
Stoops v. One Call Communications, Inc.
141 F.3d 309 (7th Cir. 1998) Cited 129 times
Holding an employer does not violate the FMLA by denying benefits in reliance on a physician's certification that an employee does not have a qualifying health condition
Norman v. Southern Guar. Ins. Co.
191 F. Supp. 2d 1321 (M.D. Ala. 2002) Cited 40 times
Holding that plaintiff "insisting upon reasonable accommodation for her disability," was protected
Mellen v. Boston Univ
504 F.3d 21 (1st Cir. 2007) Cited 31 times 1 Legal Analyses
Noting that the purpose of the intermittent-leave provision "is to ensure that an employer does not claim that an employee who takes off one day during a five-day work week has taken off the entire week . . . . Its purpose is not to give an advantage to an employee who takes off five weeks but designates it intermittent leave over an employee who takes off five weeks as continuous FMLA leave."
Krauss v. Catholic Health Initiatives
66 P.3d 195 (Colo. App. 2003) Cited 23 times
Affirming summary judgment on wrongful discharge in violation of public policy claim on the ground that it was barred by the FMLA, even though FMLA retaliation claim also failed as a matter of law
Section 825.300 - Employer notice requirements
29 C.F.R. § 825.300 Cited 455 times 17 Legal Analyses
Addressing consequences for failing to give requisite notice under FMLA
Section 825.200 - Amount of leave
29 C.F.R. § 825.200 Cited 149 times 18 Legal Analyses
Stating that an "eligible employee's FMLA leave entitlement is limited to a total of 12 workweeks of leave during any 12-month period"
Section 825.108 - Public agency coverage
29 C.F.R. § 825.108 Cited 38 times 1 Legal Analyses
Adopting the FLSA's definition of public agency as "the government of the United States; the government of a State or political subdivision of a State; or an agency of the United States, a State, or a political subdivision of a State."

Dulgar, Amber v. Blackhawk Technical College

12 Cited authorities

Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"

Holding in the Title VII context that the plaintiff's prima facie case creates "a legally mandatory, rebuttable presumption" that shifts the burden of proof to the employer, and "if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff"

Holding employee must “ha[ve] been prejudiced by the violation” to obtain relief

Holding "all evidence belongs in a single pile and must be evaluated as a whole."

Holding that a question of material fact existed where an employer's classification of an employee's conduct as insubordinate stemmed in large measure from its mistaken belief that the employee was not entitled to FMLA leave

Holding an employer does not violate the FMLA by denying benefits in reliance on a physician's certification that an employee does not have a qualifying health condition

Holding that plaintiff "insisting upon reasonable accommodation for her disability," was protected

Affirming summary judgment on wrongful discharge in violation of public policy claim on the ground that it was barred by the FMLA, even though FMLA retaliation claim also failed as a matter of law

Addressing consequences for failing to give requisite notice under FMLA

Stating that an "eligible employee's FMLA leave entitlement is limited to a total of 12 workweeks of leave during any 12-month period"

Adopting the FLSA's definition of public agency as "the government of the United States; the government of a State or political subdivision of a State; or an agency of the United States, a State, or a political subdivision of a State."