A U.S. Supreme Court decision widely criticized for giving too much power to executive agencies was panned by the U.S. Court of Appeals for the Third Circuit in a decision involving mixed-motive jury instructions in a Family and Medical Leave Act retaliation case.
The Third Circuit’s ruling came out of an age discrimination and retaliatory firing lawsuit filed against the Delaware River Port Authority. In vacating a jury verdict against the plaintiff, Joseph Egan, the three-judge panel held that the district court should not have required Egan to provide direct evidence in his age discrimination case that he was fired in retaliation for taking medical leave because of migraine headaches.
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