Hochhalter

MEMORANDUM *

Plaintiff Laura Lee Hochhalter appeals the district court’s grant of summary judgment to the defendants Stephens Media Group, LLC, D.R. Partners, and Dennis R. Bunker in this employment suit raising various claims under the Family and Medical Leave Act (“FMLA”), 29 U.S.C. § 2615 (a); Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e-2(a)(l); and Nevada state law.

There were genuine issues of material fact that precluded the entry of judgment for the defendants on Hochhalter’s FMLA claim. The claim is one of alleged retaliation against her for having taken an FMLA leave of absence. See 29 U.S.C. § 2614 (a)(1)(B) (requiring an employer to return an employee to an equivalent position with the same pay upon return from FMLA leave). The district court granted summary judgment because it looked only to the defendants’ proffered evidence tending to show that the alleged retaliatory transfer was not an adverse employment action. The court held that the positions were equivalent, and disregarded the plaintiffs evidence, deeming it conclusory and speculative. The plaintiff, however, submitted evidence from which it could be inferred that the transfer…