Petition of the day
The petition of the day is:
Lovland v. Employers Mutual Casualty Company
Issue(s): Whether, when an employee takes leave protected under the Family and Medical Leave Act, 29 U.S.C. §§ 2601 et seq. (FMLA), and the employer later uses the employee’s FMLA-protected absences as a negative factor in an employment decision, the employer’s conduct establishes impermissible interference with the employee’s FMLA rights without any further proof of intent (as the Third and Ninth Circuits, following a regulation issued by the Secretary of Labor, have held), or the employee must prove that the employer’s proffered reasons for the adverse decision were a pretext for discrimination under the burden-shifting analysis set forth in McDonnell Douglas Corp. v. Green, as several other circuits have held.
Certiorari stage documents:
Recommended Citation: Ben Cheng, Petition of the day, SCOTUSblog (Sep. 28, 2012, 11:10 PM), http://www.scotusblog.com/2012/09/petition-of-the-day-345/