Larmanger v. Kaiser Foundation Health Plan of the Northwest

MEMORANDUM

Kimerie Larmanger appeals the judgment entered in favor of the defendants on her claims for interference under the Family and Medical Leave Act (FMLA) and the Oregon Family Leave Act (OFLA); retaliation under Oregon Revised Statutes §§ 659A.030(l)(f)-(g), 659A.199, 659A.230; and common law unlawful discharge. Reviewing de novo, see George v. Edholm, 752 F.3d 1206, 1214 (9th Cir.2014), we affirm.

1. The district court properly granted summary judgment on Larmanger’s FMLA/OFLA claims. Larmanger suggests her request for and use of medical leave was a negative factor in the June 2009 corrective action and the February 2010 termination because these adverse actions were proximate in time to her use of and request for leave. Proximity alone, however, is insufficient to establish a triable issue given that: (1) there is no other direct or circumstantial evidence of a causal nexus; (2) the corrective action and termination were put in motion before Larmanger requested or used medical leave; and (3) the adverse actions were amply supported by legitimate concerns about Larmanger’s work performance. See Clark Cnty. Sch. Dist. v. Breeden, 532 U.S. 268, 272 , 121 S.Ct. 1508 , 149…