While on an FMLA leave related to the birth of her son, Catherine Marzano was notified in writing that her position was being eliminated as a result of a reduction in force (RIF) caused by financial difficulties. Shortly thereafter, in October 1993, she went to see her boss, and he told her "how his wife had collected unemployment so that she could stay at home with their kids, and how [Marzano] might be better off if she could stay at home with her son and collect unemployment."
On November 1, 1993, her boss circulated a memo advertising three positions. Marzano was never advised of or considered for these positions. Marzano asserted that pregnancy is the kiss of death with the employer, with many employees being terminated after taking maternity leave.
The employer asserted that it acted out of legitimate business and economic considerations when it eliminated 9 out of some 50 positions in the unit, including Marzano's. Marzano responded that it was a reshuffling of employees, not a legitimate RIF. Did the employer violate the FMLA by terminating Marzano during her leave? Decide.