Kentucky Employment Law Blog

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 & Age Discrimination Complaints Increase Most, EEOC Reports

Retaliation and age discrimination complaints led an overall increase in complaints filed with the Equal Employment Opportunity Commission, the Houston Chronicle reports, "Job Bias Lawsuits On The Increase."  While there was an overall increase of 9% filed with the EEOC, retaliation complaints were up 18% and age discrimination complaints 15% in fiscal year 2007. 

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

$10 Million Police Overtime Case Settled

Police officers in Cleveland, Ohio have settled an overtime compensation case for $10.4 million, the Cleveland Plain-Dealer reports, "Cleveland Settles $10 Million Comp Time Dispute With Police."  The suit challenged the city's policy of not paying overtime to police officers and instead required them to bank "comp time" hours that they could cash out at retirement.  Police officers who wished to use their banked hours for paid time off were often not permitted to do so. 

Robert L. Abell
www.RobertAbellLaw.com

Religious Discrimination Compliance Manual Issued By EEOC

Federal and Kentucky state law prohibit covered employers, employment agencies, and unions from: (1) treating applicants or employees differently based on their religious beliefs or practices – or lack thereof – in any aspect of employment, including recruitment, hiring, assignments, discipline, promotion, and benefits; (2) subjecting employees to harassment because of their religious beliefs or practices – or lack thereof – or because of the religious practices or beliefs of people with whom they associate; (3) denying a requested reasonable accommodation of an applicant’s or employee’s sincerely held religious beliefs or practices – or lack thereof – if an accommodation will not impose an undue hardship on the conduct of the business;17 and, (4) retaliating against an applicant or employee who has engaged in protected activity, including participation (e.g., filing an EEO charge or testifying as a witness in someone else’s EEO matter), or opposition relating to alleged religious discrimination (e.g., complaining to human resources department about alleged religious discrimination).  Charges of religious discrimination made with the EEOC have more than doubled since 1992.  It has recently issued a new guidance manual that can be found here. 

Robert L. Abell
www.RobertAbellLaw.com