Sixth Circuit agrees that Family Medical Leave Act prohibits retaliation against employee

In Bryant v. Dollar General Corp., the Sixth Circuit recently concluded that an employer cannot retaliate against an employee who takes FMLA leave.  Bryant's employment status was reviewed after she filed for an FMLA leave, ostensibly as a result of a workplace argument with a co-worker.  She was then fired "[b]ecause your health, I don't think you can do the job".  After a trial, Bryant was awarded $73,000.00 in damages and Dollar appealed claiming there is no private cause of action for retaliating against an FMLA claimant.  The Sixth Circuit panel unanimously disagreed, citing the clear legislative policy which would be defeated if Dollar's argument was recognized.