In an action claiming that defendant-employer impermissibly considered plaintiff’s use of Family and Medical Leave Act (FMLA) leave in deciding to place her on involuntary leave, summary judgment for defendant is reversed where there was an issue of material fact as to whether the FMLA leave was a motivating factor in defendant’s decision.
Read Hunter v. Valley View Local Schs., No. 08-4109
Appellate Information
Argued: June 18, 2009
Decided and Filed: August 26, 2009
Judges
Opinion by Judge Gibbons
Counsel
For Appellant:
Karen T. Dunlevey, Bieser, Greer & Landis, Dayton, OH
For Appellee:
Lynnette Ballato Dinkler, Dinkler Pregon, Dayton, OH
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