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Lovland v. Employers Mutual Casualty Company

Petition for certiorari denied on October 1, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
12-118 8th Cir. N/A N/A N/A N/A OT 2012

Issue: Whether, when an employee takes leave protected under the Family and Medical Leave Act, 29 U.S.C. §§ 2601 et seq. (FMLA), and the employer later uses the employee’s FMLA-protected absences as a negative factor in an employment decision, the employer’s conduct establishes impermissible interference with the employee’s FMLA rights without any further proof of intent (as the Third and Ninth Circuits, following a regulation issued by the Secretary of Labor, have held), or the employee must prove that the employer’s proffered reasons for the adverse decision were a pretext for discrimination under the burden-shifting analysis set forth in McDonnell Douglas Corp. v. Green, as several other circuits have held.

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