Peter Potenza, Clifford Aversano v. City of New York

Plaintiff Peter Potenza appeals from a grant of summary judgment in favor of defendant New York City Department of Transportation (“DOT”) on his claims of nationality and disability discrimination by the United States District Court for the Southern District of New York (Sidney H. Stein, District Judge). The majority of Potenza’s arguments are' addressed in an accompanying summary order. We write separately, however, to set forth a standard for evaluating employees’ claims of retaliation for taking leave protected under the Family and Medical Leave Act (“FMLA”).

I. BACKGROUND

Plaintiff Peter…