Posts tagged FMLA
New York Case Law Update - Second Circuit Confirms "Motivating Factor" Standard for FMLA Retaliation Claims

In Woods v. START Treatment & Recovery Centers, Inc., the Second Circuit Court of Appeals held that an employee alleging unlawful retaliation under the Family and Medical Leave Act (FMLA), must prove that her exercise of FMLA rights was a "motivating factor" in an employer's adverse employment action.  The "motivating factor" standard is a lower standard of causation than the "but for" standard typically used in the context of employment claims.

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