By Martin J. Regimbal, JD, The Kullman Firm
In a recent decision, the U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) addressed an employee’s claim of retaliation under the Family and Medical Leave Act (FMLA). The employee alleged a litany of purported adverse actions, but she provided no evidence that the actions were materially adverse.
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After clarifying the standard applicable to adverse actions in retaliation claims (as opposed to discrimination claims), the court rejected her allegations, noting that there must be actual harm caused by the adverse actions. Let’s take a closer look.
Lillie Wheat began working for the Florida Parishes Juvenile Justice Commission, in Louisiana, in 2000. By 2008, she had progressed to the position of assistant director of female services. In 2009, she took leave under the FMLA to undergo surgery. The commission terminated her employment for failing to return to work after her FMLA leave expired.
Wheat filed suit under the FMLA. Ultimately, the suit was settled, and her employment with the commission was reinstated in March 2011. At the time of her reinstatement, her previous position was not available, so she was placed in a juvenile detention staff officer position at her previous rate of pay.