By Edward O. Sweeney, Coughlin & Gerhart, LLP
The U.S. Court of Appeals for the 2nd Circuit—which covers Connecticut, New York, and Vermont—recently issued an important decision in which it found that an HR director may be deemed “individually” liable under the Family and Medical Leave Act (FMLA).
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The court adopted the economic realities test to assess individual liability under the FMLA as well as a test for analyzing FMLA interference claims. Further, the 2nd Circuit adopted a test for “associational discrimination” under the Americans with Disabilities Act (ADA). Let’s take a closer look at the case.
Background
In early June 2012, the teenage son of Cathleen Graziadio, a payroll administrator for the Culinary Institute of America (CIA), was hospitalized and diagnosed with type 1 diabetes. Graziadio promptly notified her supervisor, Loreen Gardella, requested FMLA leave to care for her son, Vincent, and asked to be given the necessary FMLA paperwork. Graziadio returned to work about 2 weeks later with medical certification for her FMLA leave.
Later in June, Graziadio’s other son, TJ, fractured his leg and underwent surgery. She immediately informed Gardella that she would again need time off to care for TJ and that she expected to return in early July.
In early July, Gardella asked for a status update from Graziadio, who told her that she could return to work in a few days but could work only 3 days a week until late August. Graziadio also asked Gardella if she needed to provide any further FMLA paperwork.
Although Gardella requested assistance from Sharnan Garrioch, CIA’s director of HR, no one at CIA responded to her for approximately a week, despite her repeated follow-up phone calls and e-mails. Garrioch eventually told Graziadio that her FMLA paperwork was deficient and needed to be corrected.