Sanders

Diane Sanders, a former employee of the City of Newport (“the City”), sued the City when it refused to reinstate her after she took an approved medical leave. In her complaint, Sanders alleged that the City violated the Family and Medical Leave Act of 1993 (“FMLA”), the Oregon Family Leave Act (“OFLA”), and other state and federal laws when it failed to reinstate her after she took FMLA/OFLA leave, and ultimately fired her. At trial, the City argued that it could not provide a safe workplace for Sanders because she suffered from multiple chemical sensitivity. In a bifurcated trial, a jury decided Sanders’s FMLA and other damages claims, while the court decided Sanders’s claims for equitable relief under OFLA. The jury returned its verdict in favor of the City, finding that the City did not violate Sanders’s FMLA rights. On the basis of the same evidence presented to the jury, the court concluded that the City violated Sanders’s OFLA rights and awarded monetary relief. Both Sanders and the City timely appealed. In her appeal, Sanders argues that the court improperly instructed the jury on the elements of her FMLA interference claim. Sanders further argues that the…