5th Circuit Reinstates City Worker’s Retaliation Claim In Pandemic Leave Case

(October 3, 2023, 12:56 PM EDT) -- NEW ORLEANS — A Texas city employee who alleged that she was fired after taking leave when she lost her childcare during the beginning of the coronavirus pandemic may proceed with her Family and Medical Leave Act (FMLA) retaliation claim, a Fifth Circuit U.S. Court of Appeals panel ruled Oct. 2 in a per curiam opinion, finding that when the facts presented were viewed in the worker’s favor, they could lead a reasonable jury to find that the reason given for the termination was pretextual....