Third Circuit Sets Precedent In Holding That Direct Evidence Of Retaliation Is Not Necessary

Employment Law Monthly - April 2017

By Emre M. Polat

In a precedential decision, the Third Circuit ruled that an employee exercising leave under the Family and Medical Leave Act ("FMLA") need not prove retaliation by direct evidence. Egan v. Delaware River Port Authority, No. 16-1471 (3d Cir. Mar. 21, 2017). 

Employers should be mindful of potential retaliation claims when an employee exercises leave under the FMLA. 

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