Fourth Circuit Weighs Standard for Proving FMLA Retaliation

The Fourth Circuit will hear oral argument Dec. 11 in a case that could turn on the legal threshold for a worker to prove she was illegally terminated as payback for taking medical leave.

The case gives the U.S. Court of Appeals for the Fourth Circuit a chance to establish a standard that could make it easier for workers to win Family Medical Leave Act retaliation lawsuits. But a decision establishing a more employer-friendly threshold could create a circuit split that would require U.S. Supreme Court action to resolve.

The potentially crucial juncture in consideration of FMLA retaliation stems from ...