Police Sick Leave Suit Granted Class Action Status

A lawsuit challenging the practice of the Columbus, Ohio police department to compel employees returning from sick leave to disclose the condition that necessitated the leave has been granted class action status by a federal district court, the Columbus Dispatch reports, “Sick-Leave Suit Against Police Now Class Action.”  The police department also requires employees returning from Family Medical Leave time to take for a sick family member to disclose the nature of the family member’s illness.  The suit, which was originally filed by six dispatchers, claims that these policies violate the HIPAA, the federal medical privacy law, Health Insurance Portability and Accountability Act). 

Robert L. Abell
www.RobertAbellLaw.com

Retaliation Against Employee Taking Family Medical Leave Held Unlawful

Retaliation against an employee for taking leave under the Family Medical Leave Act (FMLA) is unlawful, the Sixth Circuit has ruled in Bryant v. Dollar General Corp. (No. 07-5006 decided August 15, 2008).   The court affirmed a jury verdict for a fired employee.

The employer, Dollar General, argued that the “FMLA does not bar an employer from firing an employee because that employee took FMLA leave,”  a contention that was soundly rejected.  First, the “overwhelming consensus of the case law .. as well as the nature of the statutory scheme and the FMLA’s legislative history” weighed “strongly in favor of rejecting” Dollar General’s argument.  Second, “any ‘right’ to take unpaid leave would be utterly meaningless if the statute’s bar against discrimination failed to prohibit employers from considering an employee’s FMLA leave as a negative factor in employment decisions.”  Third, adopting Dollar General’s position would run counter to principles of statutory construction that caution against absurd results. 

Robert L. Abell
www.RobertAbellLaw.com