Rodriguez v. Eli Lilly and Co., No. 15-20390 (5th Cir. 2016)
Annotate this CasePlaintiff, a pharmaceutical sales representative diagnosed with PTSD, filed suit against Eli Lilly, alleging claims of retaliation under the Family Medical Leave Act (FMLA), 29 U.S.C. 2601 et seq., and discrimination under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq. The district court dismissed plaintiff's claims. In regard to the ADA claim, because plaintiff did not contest at least two of the five business reasons for his termination and did not provide evidence showing any of the five reasons were false, he did not establish a genuine dispute of material fact as to whether these reasons were pretext for discrimination due to his PTSD. Likewise, in regard to the FMLA claim, the court concluded that plaintiff failed to create a genuine dispute of material fact as to whether Eli Lilly terminated him in retaliation for his request for FMLA leave. Accordingly, the court affirmed the district court's grant of summary judgment for Eli Lilly.
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