Isley v. Aker Philadelphia Shipyard, Inc.

MEMORANDUM

MCHUGH, J.

In this employment case, a worker slated for termination because of poor attendance asked that his employer retroactively reclassify two of his unexcused absences as protected leave under the Family and Medical Leave Act (FMLA), or the Americans with Disabilities Act (ADA), as supplemented by state law. The employer declined and proceeded to fire him. Discovery is now complete, and because there is ho evidence of discriminatory intent, and the plaintiff was not eligible for FMLA leave as a matter of law, summary judgment will be granted in favor of the employer.

I.…