McDonnell Douglas Burden-shifting Standard Applies to FMLA Interference Claims: Sixth Circuit | Practical Law
In Donald v. Sybra, Inc., the US Court of Appeals for the Sixth Circuit held that Family and Medical Leave Act (FMLA) interference claims should be analyzed under the McDonnell Douglas burden-shifting standard typically applied to discrimination claims. This case is particularly noteworthy because at least two circuit courts (First and Seventh) have expressly rejected application of the burden-shifting analysis to these claims in favor of a more employee-friendly standard.