Malloy v. United States Postal Service, No. 13-1764 (8th Cir. 2014)
Annotate this CasePlaintiff filed suit against her employer, the Postal Service, alleging that the Postal Service violated her rights under the Family Medical Leave Act, 29 U.S.C. 2601 et seq., after she was terminated for absenteeism. Plaintiff worked for the Postal Service under a series of appointments in a status known as a "casual" employee. The court concluded that plaintiff's case consisted of an unpersuasive argument of temporal proximity combined with a collection of challenges to agency practice and explanations that did not support an inference of impermissible motive. Accordingly, this was not a submissible case of discrimination and the court affirmed the judgment of the district court.
Court Description: Civil Case - Family Medical Leave Act. District court's grant of summary judgment to USPS on claim of discrimination under the Family Medical Leave Act by casual employee following unexcused absences is affirmed. Malloy's unpersuasive argument of temporal proximity combined with a collection of challenges to agency practice and explanations do not support an inference of impermissible motive and Malloy has not presented a submissible case of discrimination.
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