by Jason Culotta, JD, Jones Walker
A recent decision by the federal district court in Shreveport puts employers on notice that overly broad and intrusive sick leave policies violate not only federal and state laws prohibiting disability discrimination but also potentially employees’ privacy rights under the Louisiana Constitution.
In the case, the Shreveport Police Department (SPD) required police officers to complete a chronic illness report after taking just 3 days of sick leave in a calendar year. The officers filed a lawsuit alleging the reporting mandate unlawfully required them to disclose their disabilities, and the federal district court denied the SPD’s motion to dismiss.
The court questioned whether the chronic illness reporting requirement was overly intrusive and necessary for the department’s operations. Thus, the issue will be left to a jury to decide. Let’s take a closer look at how the court came to that conclusion and what you can do to avoid a similar situation.
The policy
The SPD’s sick leave policy required officers to document sick leave taken for more than two health-related absences in a calendar year. The policy further provided that when an officer took documented sick leave, her healthcare provider had to complete a chronic illness report stating whether the leave was due to a chronic illness and whether additional absences were possible. Officers were required to furnish chronic illness reports immediately upon returning from sick leave.
The lawsuit
Several officers filed suit against the city and the SPD, alleging that the sick leave policy—specifically, the chronic illness reporting requirement—violated Section 504 of the Rehabilitation Act of 1973, a forerunner of the Americans with Disabilities Act (ADA), and their right to privacy under the Louisiana Constitution.
The SPD argued the chronic illness inquiry was a business necessity. Under the Rehabilitation Act, an employer is allowed to inquire about the nature and extent of an employee’s disability as long as the inquiry is “job[-]related and consistent with a business necessity.”
The SPD argued that the chronic illness inquiry was necessary to (1) determine an officer’s fitness for duty, (2) ensure the safety of other officers, (3) efficiently schedule shifts, and (4) ensure that a medical exam was not necessary upon an officer’s return from leave. However, according to the court, the department failed to show how those alleged necessities were vital to its operations and not overly intrusive to officers.
Critical to the court’s analysis was the fact that the chronic illness inquiry was triggered by an officer using just 3 sick days in a calendar year. The court found that an officer taking a few sick days each year is not a reason to doubt his fitness. Thus, the court found that there was a question of fact on whether the SPD’s sick leave policy was a vital, nonintrusive business necessity and that a jury should decide.
The court further ruled that forcing an employee to furnish medical records that are not related to a legitimate business necessity is a violation of the Louisiana Constitution’s privacy protections. Accordingly, the success of the officers’ privacy claims hinged on the jury’s evaluation of the SPD’s business necessity defense.
If the sick leave policy was a business necessity, the privacy claims likely will fail. However, if the sick leave policy was overly broad and intrusive, the officers likely will have a viable invasion-of-privacy claim under the Louisiana Constitution. Taylor v. City of Shreveport, Case No. 13-2227 (W.D. La., August 24, 2016) (Foote, J.).
The lesson
This case is a good reminder of the consequences of drafting overly broad and intrusive sick leave policies. Employers must balance the needs of their business with the rights of employees and applicants. To avoid liability, take the time to evaluate and understand the effects of your sick leave policy and when and how it is triggered to ensure it is fair, and balance your legitimate interests with those of your employees.
Jason Culotta, editor of Louisiana Employment Law Letter, is an associate in Jones Walker’s labor relations and employment practice. He can be reached in New Orleans at jculotta@joneswalker.comor 504-582-8177.