“serious health condition that makes the employee unable to perform the functions of the position of such employee.” 29 U.S.C. § 2612(a)(1)(D). Similarly, the DCFMLA provides that a covered employee who “becomes unable to perform the functions of the employee’s position because of a serious health condition” shall receive 16 weeks of protected medical leave during any 24-month period. D.C. Code Ann. § 32-503(a). Both the FMLA and the DCFMLA recognize two theories of recovery for statutory violations: (1) the entitlement or interference theory, and (2) the retaliation or discrimination theory. 29 U.S.C. § 2615(a); D.C. Code Ann. § 32-507; see also Gordon v. U.S. Capitol Police, 778 F.3d 158, 160-61 (D.C.Cir.2015); Wash. Convention Ctr. Auth. v. Johnson, 953 A.2d 1064, 1075-76 (D.C.2008) (<HOLDING>). The first theoiy prohibits any person from
recognizing authority stating that a plaintiff in a cercla action is allowed to plead alternative theories even if it cannot ultimately seek duplicate recovery holding that separate theories of recovery all constituted a medicalmalpractice claim recognizing that that dcfmlas theories of recovery parallel the fmlas holding that the failure to plead a particular legal theory when the plaintiff pled two related legal theories was not a bar to recovery holding that the avoidance powers provide for recovery only if the recovery is for the benefit of the estate