Gordon v. United States Capitol Police, No. 13-5072 (D.C. Cir. 2015)
Annotate this CasePlaintiff filed suit against her employer, Capitol Police, alleging violations of the Family Medical Leave Act (FMLA), 29 U.S.C. 2615, when Capitol Police interfered with her exercise of FMLA rights and retaliated against her for that exercise. Plaintiff sought leave from a system allowing an employee to obtain a pre-approval of a "bank" leave. After the grant of her leave, police superiors ordered plaintiff to submit to a "fitness for duty examination," and told her that the facts supporting her FMLA requests were the basis for the order. Plaintiff's "police powers" were revoked and she was assigned to administrative duties while she waited to take the examination. In regards to the retaliation claim, the court concluded that the district court erred in granting Capitol Police's motion to dismiss where plaintiff's allegations amply supported the inference of retaliatory purpose and are enough to defeat the motion. In regard to the interference claim, the court held that an employer action with a reasonable tendency to "interfere with, restrain, or deny" the "exercise of or attempt to exercise" an FMLA right may give rise to a valid interference claim under section 2615(a)(1) even where the action fails to actually prevent such exercise or attempt. Plaintiff's claim satisfies this element as well as the second element of prejudice. Accordingly, the court reversed the district court's dismissal of the interference claim.
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