Penny Bachelder Mark Bachelder v. America West Airlines, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a claim brought under FMLA’s interference provision “does not fall under the ‘anti-discrimination’ or ‘anti-retaliation’ provision” of the FMLA, and so is not properly susceptible to burden-shifting analysis
• holding that FMLA “interference” covers situations where an employer visits “negative consequences on an employee simply because he has used FMLA leave”
• holding that § 825.220(c) is “a reasonable interpretation of the [FMLA]’s prohibition on ‘interference with’ and ‘restraint of’ employee’s rights under the FMLA”
• holding that employee that provided two 19 doctor’s notices regarding her absences placed the employer on notice that the leave might be 20 covered by the FMLA
• holding that employee that provided two 6 doctor’s notices regarding her absences placed the employer on notice that the leave might be 7 covered by the FMLA
• holding that the McDonnell Douglas framework is inapplicable to FMLA interference claims and that the pivotal question is whether the plaintiff has established that he is entitled to the benefit he claims

Source: CourtListener parenthetical corpus (CC0).