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burden of proof

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Assignment to a lesser position upon return from leave may support FMLA interference claim.

By Maria Danaher on December 17, 2012
Posted in FMLA

The 11th U.S. Circuit Court of Appeals reversed summary judgment in favor of an employer, holding that a plaintiff’s testimony and evidence related to her transfer to a position of less responsibility upon return from Family and Medical Leave Act (FMLA) leave created an issue of material fact that required a jury to determine whether …

Plaintiff bears the ultimate burden of proving retaliatory motive

By Marla Presley on January 19, 2009
Posted in Title VII

In an unpublished opinion, the U.S. Circuit Court of Appeals for the 10th Circuit reminds us that whether a case is based on allegations of discrimination or on allegations of retaliation, the individual bringing the lawsuit carries the ultimate burden of proof in the case. Sunderman v. Westar Energy, Inc., 10th Cir., No. 08-3059…

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Maria Greco Danaher is a shareholder in the Pittsburgh office of the national law firm of Ogletree Deakins, and regularly represents and counsels companies in employment related matters.

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