More on Reprisal

Fran S.

Fran S.

Post URL copied to clipboard!


The Federal FMLA Blog: Retaliation reports that an employee’s opposition to the denial of FMLA leave to a coworker was found to constitute unlawful reprisal.

Another new development is a Federal court case in Arizona which found that eliminating an employee’s title and position, and then putting the employee on indefinite paid administrative leave against his will while he was on medical leave was found to constitute unlawful retaliation under the FMLA. This is one of the first expansions of the new criterion established in the Burlington v. White Supreme Court case (discussed below) to the FMLA. The court found that the undesired leave was “materially adverse,” and thus met the standard for retaliation, despite the fact that the employee continued to be paid. See Foraker v. Apollo Group, Inc (D. Ariz. 2006)


Fran S.

Related Posts

Perhaps you’ve been working virtually for years, or perhaps you have just moved to WFH. The novelty of videoconferencing, chatting on multiple Slack channels,

In these days of #metoo, there is a lot of valuable sharing going on. People of all gender identities are sharing their stories of

#MeToo has been a powerful moment. Some of its aftermath has been good, such as employers paying more attention to their complaint process,

We have too much fear in our workplaces. As human beings, our emotional, cognitive and psychological attention is drawn to threats. Things that cause

A magnifying glass has, of late, been turned on unlawful harassment, and, rightfully, organizations are focused on addressing systems that have not always

Hello from the frigid temperatures of Minnesota, where I have a rare day at my desk and time to reflect on what the

More About Our Services

Do you want to know more about what we offer, check out our service offerings to get a full understanding.