The Supreme Court Limits Lawsuits Filed Over the Family Medical Leave Act
In Tennessee and all across the United States employees by law are allowed to take leave for their own medical condition or to care for a loved one under the Family Medical Leave Act. However, a new Supreme Court ruling is now limiting the lawsuits that can be filed against the government because of a Family Medical Leave Act violation. According to the ruling, state workers are not allowed to sue for their employers for compensation for violating part of the federal Family Medical Leave Act. In 2003, the court decided that lawsuits against state employers under the part of the Family Medical Leave Act concerning caring for family members were allowed.
This recent decision concerned part of the act that entitled eligible employees to take leaves to care for their own serious medical problems. The court titled this provision “self-care provision” and it was written in general neutral terms. However, some of the justices were divided about whether or not the law meant to discuss sex discrimination. Under the court’s standards, Congress does not have the authority to take away the states’ immunity from lawsuits under its power to regulate interstate commerce. Congress must depend on its power under Section five of the 14th amendment to enforce the amendments guaranteed equal protection and due process.
According to Justice Anthony M. Kennedy, “Without widespread evidence of sex discrimination or sex stereotyping in the administration of sick leave, it is apparent that the Congressional purpose in enacting the self-care provision is unrelated to these supposed wrongs.” Two other Justices agreed with his opinion. Justice Ginsburg wrote that” Suits for money under the self-care provision are still allowed against private employers, and other kinds of actions remain available against state employers.”
In Tennessee and all across the U.S. workers take Family Medical Leave to care for themselves and their loved ones. To find out more about how this recent Supreme Court decision on FMLA may affect your current or future case, we recommend that you contact one of our caring and knowledgeable Tennessee employment FMLA attorneys as soon as possible. We care about our clients and will answer any questions you have as well as help you to get any compensation you may be entitled to.
Contact us online or call us at 800.705.2121 to set up a FREE consultation to discuss your legal options
Author Bio
Jim Higgins, founder of the Higgins Firm, is a seasoned personal injury attorney with deep roots in Nashville, Tennessee. A 4th generation Nashvillian, Jim carries on the legal legacy of his father, a judge for over 30 years. After graduating from the University of Memphis School of Law, Jim’s career began on the other side of the courtroom, defending insurance companies and learning their tactics for minimizing settlements. However, he soon realized his true calling was fighting for the rights of the injured, and for the past several years, he has exclusively represented plaintiffs in personal injury cases.
Since then, his dedication and skill have earned him membership in the prestigious Million Dollar Advocates Forum, an organization limited to attorneys who have secured million and multi-million dollar verdicts and settlements for their clients. Licensed to practice in Tennessee, Kentucky, and Georgia, Jim focuses on personal injury, product liability, medical malpractice, and workers’ compensation cases. His exceptional work has been recognized by his peers, earning him a spot on the Super Lawyers list from 2021 to 2024, a distinction awarded to only a select group of accomplished attorneys in each state.
