Family Medical Leave Act Standards of Proof and the Impact of Desert Palace on Retaliation Claims

This article explores the standards of proof applicable under the Family and Medical Leave Act (FMLA), particularly focusing on retaliation claims brought under the statute. It examines the evolving legal landscape shaped by the U.S. Supreme Court’s decision in Desert Palace, Inc. v. Costa, which clarified the evidentiary standards in mixed-motive discrimination cases. The author evaluates whether Desert Palace should influence the burden of proof in FMLA retaliation cases, analyzing divergent interpretations by various federal circuits. Ultimately, the article argues for a consistent application of the mixed-motive framework to FMLA retaliation claims to align with the broader anti-discrimination principles in employment law.