Woods et al v. Addiction Research and Treatment Corporation, No. 1:2013cv04719 - Document 71 (E.D.N.Y. 2016)

Court Description: MEMORANDUM DECISION AND ORDER: Reading the FMLA retaliation provision in light of the Supreme Court's decision in Nassar and the Second Circuit's observations about the similarities between Title VII and the FMLA, I conclude that the plaint iffs FMLA retaliation claim requires a showing that but for her taking protected FMLA leave, she would not have been terminated. The parties are advised that their proposed jury instructions should comport with this decision. Ordered by Judge Ann M Donnelly on 2/11/2016. (Greene, Donna)