Walgreens Ruling Sets Bar for Leave Retaliation in 11th Cir. (2)

A former Walgreen Co. worker failed to convince a federal appeals court to revive her Family and Medical Leave Act lawsuit against the pharmacy chain, in a ruling that creates a circuit split over what threshold plaintiffs must meet to show they faced retaliation for requesting or taking leave under the law.

Doris Lapham wasn’t able to show that her request for time off under the FMLA was a “but-for” cause for her termination, the US Court of Appeals for the Eleventh Circuit held Wednesday.

By ruling that but-for causation is the proper standard needed to prove FMLA retaliation, the ...