Saturday, September 17, 2011
FMLA retaliation claim proceeds based on single comment; employee with chronic back problem not regarded as disabled
A nursing assistant’s FMLA retaliation claim survived summary judgment based on a single comment that she was not really terminated for altering a doctor’s note. Quinn v Mercy Fitzgerald Hosp, ___F.Supp. 2d (D. Pa. July 22, 2011). However, her ADA and Pennsylvania Human Relations Act (PHRA) claims failed under a pre-ADAAA analysis because she could not show that she was regarded as unable to perform a wide variety of jobs due to her chronic back condition.
This case demonstrates once again that a retaliation claim may be a more potent claim than the underlying claim on the merits.
Mitchell H. Rubinstein