September 11th, 2018

US Court of Appeals for the Fifth Circuit Opinions
DeVoss v. Southwest Airlines Co.

Docket: 17-11462
Opinion Date: September 8, 2018
Judge: Jennifer Walker Elrod
Areas of Law: Labor & Employment Law, Family Law

The Fifth Circuit affirmed the district court's grant of summary judgment for Southwest in an action filed by plaintiff under the Family Medical Leave Act (FMLA), alleging claims of interference and retaliation. The court held that the district court correctly determined that plaintiff failed to raise a genuine issue of material fact as to whether she provided the required notice to her employer to sustain her FMLA claims. Even if plaintiff had made a prima facie showing for her FMLA interference claim, she was still required, and failed, to raise a genuine issue of material fact as to whether Southwest's proffered nondiscriminatory reason for terminating her employment was merely pretextual.

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