May 2012

“Direct evidence” is evidence that, if believed, leads to the conclusion that discrimination was at least one motivating factor in an adverse employment action. An employer’s termination letter, stating that the employee was being terminated due to her inability to do her job during a medical leave, was “direct evidence” of discrimination sufficient to support

Employment termination during an employee’s leave under the Family and Medical Leave Act (FMLA) may constitute “interference” with that leave. However, an employer typically does not violate the FMLA if it terminates an employee for failing to comply with the company’s policies regarding absences, even if those absences occur during a protected FMLA leave. A