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Full-Text Articles in Law
Litigating The Fmla In The Shadow Of Title Vii, Sandra F. Sperino
Litigating The Fmla In The Shadow Of Title Vii, Sandra F. Sperino
Faculty Articles and Other Publications
The history of Title VII of the Civil Rights Act of 1964 is a history of frameworks. In an almost predictable pattern, the Supreme Court has recognized a category of employment discrimination, and then, either in the same case, or sometime thereafter, created a multi-part test for evaluating it. Congress enacted the Family and Medical Leave Act (FMLA) in 1993, almost 30 years after it enacted Title VII of the Civil Rights Act. This Essay argues that the FMLA is litigated within the shadow of Title VII, as courts routinely apply complex frameworks developed in the Title VII context to …
Under Construction: Questioning Whether Statutory Construction Principles Justify Individual Liability Under The Family And Medical Leave Act, Sandra F. Sperino
Under Construction: Questioning Whether Statutory Construction Principles Justify Individual Liability Under The Family And Medical Leave Act, Sandra F. Sperino
Faculty Articles and Other Publications
The question of whether individuals can be personally liable under the Family and Medical Leave Act ("FMLA") has been percolating in the federal courts for more than a decade. Over this period, district courts throughout the country have consistently held that individuals working for private employers can be held liable for FMLA violations. Given the length of time over which the courts have been considering this issue, it would seem safe to assume that the courts have fully examined the factors that might lead to individual liability, such as the FMLA's statutory language, other courts' interpretations of similar language, the …