ELLIOTT GREENLEAF WINS SUMMARY JUDGMENT IN FMLA AND TITLE VII CASE
Elliott Greenleaf won summary judgment for its client defeating Plaintiff’s claims of interference and retaliation under the Family Medical Leave Act (“FMLA”) and race discrimination, hostile work environment and retaliation under Title VII.
Plaintiff, an African American woman, alleged that Elliott Greenleaf’s client violated the FMLA by interfering with her right and ability to take a leave of absence from employment to care for her injured child, and by retaliating against her for asserting her rights under the FMLA and taking an allegedly protected leave. Plaintiff further alleged that Elliott Greenleaf’s client violated Title VII by discriminating and retaliating against her based on her race, and creating a hostile work environment for her.
Elliott Greenleaf established that Plaintiff was not eligible for her requested leave and that her termination was not causally related to the leave that she took. The Firm further established that the Company did not treat similarly-situated employees outside of Plaintiff’s protective class more favorably than Plaintiff and it had legitimate, non-discriminatory, business reasons for its employment decisions concerning Plaintiff, which Plaintiff failed to show were pretextual.
Elliott Greenleaf shareholder, Eric J. Bronstein, and Margaret S. Curran, who is of counsel to the firm, successfully represented the Company in obtaining summary judgment in this significant defense.