Terry v. Kennedy

**Terry v. Kennedy (University of Toledo) - Court Allows Disability and Retaliation Claims to Proceed** **What Happened:** Terry, an employee at the University of Toledo, filed a lawsuit claiming the university interfered with her Family and Medical Leave Act (FMLA) rights and retaliated against her for using that leave. She also alleged the university failed to provide reasonable accommodations for her disability. The university tried to get the case thrown out before trial by filing a motion to dismiss. **What the Court Decided:** The court refused to dismiss Terry's main claims about FMLA interference and retaliation, meaning her case can move forward. However, the court did allow Terry to remove certain state law claims and references to monetary damages from her complaint to avoid legal complications related to the university's government status. **Why This Matters for Workers:** This ruling reinforces that employees can challenge employers who interfere with FMLA leave or retaliate against workers for taking protected medical leave. Even when working for government entities like public universities, employees have legal protections and can pursue federal claims when their FMLA rights are violated. The case demonstrates that courts will allow these important workplace protection cases to proceed to trial rather than dismissing them early in the process.