United Airlines’ FMLA Retaliation Win Affirmed on Appeal (1)

United Airlines’ win in an employee’s FMLA retaliation case was proper because the decision to fire her was made by an independent decision maker, the Tenth Circuit ruled Monday.

The causal link between Family and Medical Leave Act leave discrimination and retaliation “is broken when an independent decision maker conducts her own investigation and decides to fire the employee,” Judge Robert E. Bacharach said.

Jeannie Parker argued that the US District Court for the District of Utah should have imputed her supervisor’s alleged retaliatory motive to United. But United broke the retaliatory causal chain by directing other managers to independently ...