argues that because Hyson’s request was eventually approved, albeit by a different manager, her denial of leave claim was “moot ab initio.” Def.’s Mem. at 10 n. 5, 30. As above, Hyson replies only that “a reasonable trier of fact could find” a denial of leave to be materially adverse. Pl.’s Opp’n at 26. The Architect has the stronger position. Although a denial of leave can constitute materially adverse action, see Diggs v. Potter, 700 F.Supp.2d 20, 43 (D.D.C.2010), Hyson’s September 13, 2007 leave was never denied. Her request was eventually granted, albeit after a delay, see Def.’s Mem. Ex. DD (Supplemental Mem.) at 2, and such a delay would not deter a reasonable employee from pursuing a charge of discrimination. See Zelaya v. UNICCO Service Co., 733 F.Supp.2d 121, 131 (D.D.C.2010) (<HOLDING>). 3. Hyson Has Not Raised a Genuine Issue of
holding that an initial denial of leave did not constitute materially adverse action because the plaintiff was ultimately allowed to take the leave without any other consequence to her holding that because plaintiff chose to leave her employer she did not suffer any tangible employment action holding that an employee who did not present evidence that she could have returned to work prior to the expiration of her fmla leave allowance was not entitled to additional leave merely because her employer had not properly provided her with notice that the leave was designated as fmla leave holding that leave banks do not constitute salary and that any reduction to leave banks would not negate an exempt employees status holding that accused was not in custody when told he was not under arrest and was free to leave and did in fact freely leave the interview