On January 17, 2012, nearly twenty years after the introduction of the Family and Medical Leave Act (“FMLA”), the Sixth Circuit clarifies the proper standard of proof for FMLA interference claims by applying the burden-shifting framework announced in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973).
The McDonnell Douglas burden-shifting framework, as applied to interference claims, is a three step process: First, the Plaintiff must demonstrate that an employer interfered with the exercise of FMLA rights. Second, the burden shifts to the employer to show that the adverse action was unrelated to the employee engaging in protected FMLA activity. Third, the employee may then show that the employer’s stated reason is “pretextual.”
In Donald v. Sybra, Inc., Case No. 10-2153 (6th Cir. January 17, 2012). Plaintiff Gwendolyn Donald (“Donald”) worked as an assistant manager at an Arby’s restaurant in Michigan. Due to a number of serious health problems, Donald was required to take multiple medical leaves. Prior to Donald’s last medical leave, her employer noticed irregularities in how customers were charged. After comparing the orders Donald took to the figures entered...
