Trial Court Erred In Refusing To Consider FMLA "Interference" Claim
Wysong sued the employer, asserting claims for violation of the Family and Medical Leave Act (FMLA), disability discrimination under state law, and wrongful discharge in violation of public policy. The trial court granted summary judgment in favor of the employer. The 6th Circuit reversed, concluding that 1) the trial court erred in refusing to consider Wysong's FMLA "interference" claim (instead focusing only on her "retaliation" claim); 2) Wysong established a genuine issue of fact as to whether she was "regarded as" disabled; and 3) the trial court erred in concluding that Wysong's claim for wrongful discharge in violation of public policy was subsumed by Ohio's disability discrimination statute.
Wysong v Dow Chemical
The 6th Circuit Court of Appeals’ jurisdiction includes Michigan, Ohio, Kentucky and Tennessee.
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