Argued: September 21, 2016
from the United States District Court for the Eastern
District of Virginia, at Alexandria. Liam O'Grady,
District Judge. (1:14-cv-01294-LO-IDD)
Scott Oswald, THE EMPLOYMENT LAW GROUP, P.C., Washington,
D.C., for Appellant.
Scott Johnson, Jr., PCT LAW GROUP, PLLC, Alexandria,
Virginia, for Appellee.
Stephen Z. Chertkof, HELLER, HURON, CHERTKOF & SALZMAN,
PLLC, Washington, D.C., for Amici Curiae.
M. Downing, THE EMPLOYMENT LAW GROUP, P.C., Washington, D.C.;
Richard T. Seymour, LAW OFFICE OF RICHARD T. SEYMOUR,
P.L.L.C., Washington, D.C., for Appellant.
H. France, PCT LAW GROUP, PLLC, Alexandria, Virginia, for
D. Snyder, LAW OFFICES OF ERIK D. SNYDER, Washington, D.C.;
Alan R. Kabat, BERNABEI & WACHTEL, PLLC, Washington,
D.C.; Matthew C. Koski, NATIONAL EMPLOYMENT LAWYERS
ASSOCIATION, Oakland, California, for Amici Curiae.
WILKINSON and FLOYD, Circuit Judges, and IRENE M. KEELEY,
United States District Judge for the Northern District of
West Virginia, sitting by designation.
by published opinion. Judge Wilkinson wrote the opinion, in
which Judge Floyd and Judge Keeley joined.
WILKINSON, Circuit Judge
Masoud Sharif brought suit against United Airlines, Inc., for
retaliation under the Family and Medical Leave Act
("FMLA"), 29 U.S.C. § 2601 et seq.
(2012). The district court entered summary judgment on behalf
of United Airlines and dismissed Sharif's claim. Even
drawing all reasonable inferences in favor of Sharif as the
nonmoving party, Reeves v. Sanderson Plumbing Prods.,
Inc., 530 U.S. 133, 150-51 (2000), Sharif has failed to
create an issue of triable fact that the explanation United
Airlines provided for his discharge was a pretext for
retaliation for taking FMLA leave. To hold otherwise would
disable companies from ...