We posted recently about an Eighth Circuit decision in which the court held that rotating shifts was an essential function because “[i]f [plaintiff] were switched to a straight day shift and not required to work the rotating shift, then other Resource Coordinators would have to work more night and weekend shifts.”
Another court has
adverse
Second Circuit Applies Title VII Retaliation Standard to FMLA Retaliation Claims
By Jackson Lewis P.C. on
Posted in FMLA
Add the Second Circuit to the chorus of circuits to apply the Supreme Court’s standard for Title VII retaliation claims to FMLA retaliation claims as well. In its 2006 Burlington Northern & Santa Fe Railroad Co v. White decision, the Supreme Court expanded the definition of “materially adverse employment action” for purposes of Title VII retaliation.