AICC AICC 40 Years

Posted February 28, 2017 by Alyce Ryan

Originally published on FIVE L COMPANY 

Employers covered under the federal Family and Medical Leave Act (FMLA) may not interfere with an employee's FMLA rights or retaliate against an employee for exercising those rights.

So an employer: (1)  grants to an employee all the leave to which he is entitled; (2) takes no adverse action against the employee for taking the leave; but (3) the employee's supervisor does disclose the employee's medical condition to coworkers (genito-urinary system); and (4) those coworkers subsequently harassed and teased the employee.   Has the employer violated the FMLA?

On the court clarified that rights under the FMLA include confidentiality, "The issue in this case is whether confidentiality is a right under the FMLA and whether Defendant interfered with that right."

You might guess the court's answer. It held, "confidentiality of medical information is a right provided and protected under the FMLA...the subordinates’ obscene behavior and joking altered his work conditions."  Holtrey v. Collier County Board of County Commissioners   

Lessons Learned. I think they are pretty clear. 
Train your managers and supervisor about the importance of privacy and confidentiality of certain information. It is not only a legal issue but one of maintaining respect, civility and positive employee relations.
 Ensure managers keep their finger on the pulse of the workplace.  If they see, hear or otherwise observe harassing conduct, even if meant as simple teasing correct it promptly or face potential, legal consequences. 

Christine will be presenting at the AICC 2017 SPRING MEETING:

Keynote Presentation: Thursday, April 27 - 8:35 - 9:00 AM
Topic: What's Keeping You UP at Night? Employment Laws, Legislation & Regulation Impacting Business Practices

Workshop Presentations:
  • Thursday, April 27 - 10:00 - 11:30 AM
    Employee Handbooks, Read 'Em & Weep

  • Friday, April 28 - 8:30 - 10:00 AM
    Topics: HR's Top Ten Headaches
BONUS! By attending Christine's two workshops (on Thursday & Friday) and her General Session presentation, you will be pre-approved by HRCI for 3.5 continuing education credits!


WEBINAR 1:  The Latest news in Managing Disability & 
                              Leave Issues
WEBINAR 2:  Social Media and its Impact in the Workplace

WEBINAR 3:  Workplace Harassment: Trends Tips 
                             and Tools



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