Supreme Court Mulls FMLA Self-Care Immunity For States

Law360, New York (January 11, 2012, 10:04 PM EST) -- The U.S. Supreme Court heard oral arguments on Wednesday regarding whether state employers can be sued for monetary damages under the self-care provision of the Family and Medical Leave Act, pressing attorneys on whether Congress intended the provision to combat gender discrimination.

The case, lodged by former Maryland Court of Appeals employee Daniel Coleman, who claims he was fired after requesting sick leave, hinges on whether Congress was aiming to decrease gender discrimination through the provision, because determining that to be Congress' intent would allow the...
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