In plaintiff's case against her former employer under the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and for retaliation, summary judgment in favor of defendant-employer is affirmed in part, and vacated and remanded in part where: 1) the record indicates that a reasonable jury could conclude that defendant-Nationwide had constructive notice of hours plaintiff worked from home and thus, she was eligible for FMLA leave for purposes of summary judgment; 2) the version of section 825.110 in effect at the time of plaintiff's dismissal was invalid; 3) firing an employee for a valid request for FMLA leave may constitute interference with the employee's FMLA rights as well as retaliation against the employee; and 4) because no reasonable jury could conclude that plaintiff was fired because of her daughter's known disability, district court's summary judgment on her ADA claim is affirmed.
On Appeal from the United States District Court for the Middle District of Pennsylvania
(D.C. No. 05-CV-00944)
District Judge: Honorable Christopher C. Conner
Opinion Filed September 23, 2009
Counsel for Appellant: Patricia C. Zucker, Daley Zucker Meilton Miner & Gingrich
Counsel for Appellee: Donald R. Keller, Vladimir P. Belo, Bricker & Eckler