Gentiva to Face ADA, FMLA Claims Under Successor-Employer Theory

Gentiva Services Inc. wasn’t entitled to dismissal of a worker’s disability and leave bias claims because it’s allegedly the “successor in interest” of her former employer, a Pennsylvania federal judge ruled.

The Tuesday decision is the latest to weigh in on “successor” employer liability under the Family and Medical Leave Act. A different Pennsylvania federal court in February cited Loper Bright Enterprises v. Raimondo in rejecting the Labor Department’s view on the issue.

The US District Court for the Middle District of Pennsylvania didn’t analyze DOL regulations in deciding a dismissal motion by Curo Health Services, doing business as Gentiva. ...