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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