ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL

July 27, 2017

Applying the appropriate causation standard in adjudicating alleged unlawful retaliation claims for exercising FMLA rights


Applying the appropriate causation standard in adjudicating alleged unlawful retaliation claims for exercising FMLA rights
Woods v. START Treatment & Recovery Ctrs., USCA, 2nd Circuit, 16-1318-cv

Cassandra Woods lost a jury trial on her claim that she was fired for exercising her rights under the Family and Medical Leave Act [FMLA]. One of the two principal questions* addressed by the court in her appeal was "what is the appropriate causation standard for FMLA retaliation claims?"

The federal district court had instructed the jury that it must apply the “but for” causation standard with respect to Woods’ retaliation claims. The Second Circuit held that FMLA retaliation claims of the sort Woods brought in this case require applying a “motivating factor” causation standard. 

Under the motivating factor test, an employee could prove retaliation by showing that his or her decision to report or notify the employer of possible discrimination was a motivating factor in the employer's decision to terminate the employee or take some other adverse employment action.

In contrast, under the "but-for causation" standard, the employee would have to prove that he or she would have retained his or her position or would have avoided some other adverse employment action in the absence of the employer's retaliatory intent.

The district court's decision was then vacated and remanded to the lower court for further action.

* The second principal issue addressed by the Circuit Court of Appeals: "Was Woods unduly prejudiced by the admission of adverse inferences based on her invocation of the Fifth Amendment at her deposition?"


The decision is posted on the Internet at:
http://www.ca2.uscourts.gov/decisions/isysquery/75dbeb99-a261-443d-8109-fd5e2161ad2e/2/doc/16-1318_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/75dbeb99-a261-443d-8109-fd5e2161ad2e/2/hilite/

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law Blog Editor Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
Copyright 2009-2024 - Public Employment Law Press. Email: nyppl@nycap.rr.com.