The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has filed a friend-of-the-court brief asking the Supreme Court to resolve a split among federal appeals courts related to the Family and Medical Leave Act. Specifically, CWC’s brief urges the Court to review Radiall USA v. Ramadei, which addresses the causation standard for retaliation claims under FMLA.
The federal appeals courts disagree over whether an employee must show that FMLA-protected activity was the but-for cause of an adverse employment action or merely a negative or motivating factor. CWC’s brief argues that FMLA’s text does not contain the lower causation standard expressly included by Congress in other federal employment laws and that Supreme Court review is necessary to establish a consistent national standard.
The disagreement is particularly important for employers operating in multiple jurisdictions. Uncertainty could result because a workforce decision made under an employer’s uniform policy may be judged under different causation standards depending on the jurisdiction where an employee works.
If the Court grants review, it would have an opportunity to resolve the disagreement among the federal appeals courts and establish a uniform causation standard for FMLA retaliation claims.
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