Cooper
Cooper v. T-Mobile USA, Inc.
Opinion
lead Opinion
*583 MEMORANDUM **
Plaintiff-Appellant Katherine Cooper appeals from the district court’s grant of summary judgment in favor of Defendant Appellee T-Mobile USA. We affirm.
As the facts and procedural history are familiar to the parties, we do not recite them here except as necessary to explain our disposition.
1. FMLA Interference
The district court did not err in finding that Cooper failed to present a genuine dispute of material fact over whether T-Mobile interfered with her rights under the Family Medical Leave Act (FMLA), either (a) in denying or discouraging her from using leave, or (b) in considering her use of leave as a factor in her termination.
A. Denial or Discouragement of FMLA Leave Use
“An employer is prohibited from interfering with, restraining, or denying the exercise of (or attempts to exercise) any rights provided by the Act.” 29 C.F.R. § 825.220 (a)(1). Here, Cooper failed to show that T-Mobile interfered with her FMLA leave rights. T-Mobile readily approved both Cooper’s continuous and intermittent leave. T-Mobile may have been remiss in promptly providing the intermittent leave information Cooper sought, but she was never denied the right to use her…