Employer Intent Is Immaterial In FMLA Interference Claims

The Family and Medical Leave Act (“FMLA”) arms employees with two types of causes of action against employers. First, its “retaliation/discrimination” provisions prohibit employers from discharging or discriminating against employees for “opposing any practice made unlawful” by the FMLA.  Second, the FMLA’s “interference” provision states that it is “unlawful for any employer to interfere with,  restrain, or deny the exercise of or the attempt to exercise” any right provided by the FMLA.

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