Burden-Shifting Test Applies To FMLA: 6th Circ.

Law360, New York (January 18, 2012, 2:05 PM EST) -- The Sixth Circuit on Tuesday clarified that courts should apply a burden-shifting framework when evaluating Family and Medical Leave Act interference claims, affirming the dismissal of a former Arby's cashier's lawsuit over her termination.

The appeals court affirmed a Michigan federal court's decision to grant summary judgment to Arby's franchise owner Sybra LLC in a lawsuit brought by Gwendolyn Donald, who claimed she was fired because of her serious medical conditions in violation of the FMLA, the Americans with Disabilities Act and Michigan’s Persons with Disabilities...
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