In plaintiff's action under the Family and Medical Leave Act (FMLA) claiming that the reduction to his coaching supplement as head boys' varsity basketball coach upon his return from leave violated the Act, judgment in the amount of $9,258.82 in favor of the plaintiff is reversed where: 1)the district court erred in failing to consider a proffered defense; 2) plaintiff was not prejudiced by the adjustment to the basketball coaching supplement; and 3) grant of summary judgment in favor of the Metropolitan government and four individual defendants with respect to plaintiff's claims of age discrimination and retaliation are affirmed as no reasonable juror could conclude that defendants' proffered reasons were pretext either for age discrimination or for retaliation.
Argued: December 1, 2009
Decided and Filed: February 5, 2010
Opinion by Circuit Judge Guy
For Appellant: Allison L. Bussell, Metropolitan Department of Law
For Appellee: Douglas B. Janney, III, Law Office