"The US Supreme Court has never directly decided and the federal courts of appeal have not reached a unanimous decision on whether the 'but for' or 'motivating factor' standard applies to retaliation claims under the Family and Medical Leave Act (FMLA). An interlocutory appeal recently taken from the federal court in the Western District of Texas may give the Fifth Circuit a chance to weigh-in directly on this issue and provide clarity for litigants and the lower courts throughout Texas, Louisiana, and Mississippi." [Crankshaw v. City of Elgin, No. 18-075 (W.D. Tex. Apr. 14, 2020)]  MORE >>