The Case of Graham v. Barrier Technologies: Reducing Exposure To Liability in the Midst of a Pandemic

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Executive Summary: On June 15, 2021, the Southern District of Florida granted summary judgment in favor of employer Barrier Technologies, LLC (“Barrier Technologies” or the “employer”), a manufacturer of radiation protection products, on former employee Tracey Graham’s (“Graham” or the “employee”) claim of retaliation under the Emergency Paid Sick Leave Act (“EPSLA”), Division E of the Families First Coronavirus Response Act (“FFCRA”). In reaching its determination, the Court found the employee failed to establish but-for causation as her employer made its termination decision two weeks before the employee went on leave for her viral symptoms and had no reason to believe the employee was on leave for COVID-19- related reasons.

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