Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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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

http://lawprofessors.typepad.com/adjunctprofs/2011/09/fmla-retaliation-claim-proceeds-based-on-single-comment-employee-with-chronic-back-problem-not-regarded-as-disabled.html

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