O'ROURKE v. TIFFANY AND CO.

No. 20-1404.

988 F.3d 23 (2021)

Lisa M. O'ROURKE, Plaintiff, Appellant, v. TIFFANY AND COMPANY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

February 11, 2021.


Attorney(s) appearing for the Case

Thomas More Dickinson , Johnston, RI, with whom Law Office of Thomas M. Dickinson and Kathleen M. Hagerty were on brief, for appellant.

Stacie B. Collier , with whom Aaron F. Nadich and Nixon Peabody LLP, Providence, RI, were on brief, for appellee.

Before Kayatta, Selya, and Barron, Circuit Judges.


In early 2014, Lisa O'Rourke took leave from Tiffany and Company under the Family and Medical Leave Act (FMLA), 29 U.S.C. § 2612, to undergo preventive surgery after learning that she was genetically predisposed to breast and ovarian cancer. Later that year, from mid-July to mid-August, Tiffany allowed her to take a...

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