Now is a good time to remind
And because the ELCRA is broader than federal law—covering height, weight, marital status and other types of discrimination—employees and their attorneys often add ELCRA claims to their lawsuits.
Recent case: Pamela Smith, who lost her job after taking more than two years off for medical reasons, sued her former employer and supervisors for discrimination under the federal Title VII and Michigan’s ELCRA.
The court dismissed the supervisors from the federal case, ruling that Title VII does not provide for supervisors’ personal liability. However, it said supervisors could be sued under the ELCRA.
Fortunately for the supervisors, Smith’s case had no merit and was finally dismissed. Smith couldn’t demonstrate that any other employees had taken more than two years off for medical reasons and still kept their jobs. (Smith v. Osceola County, et al., No. 1:06-CV-89, WD MI, 2008)
Advice: Work with your attorneys to set reasonable limits to how long employees can take off on medical or other leave and still stay on the payroll. Remember, the protects jobs for only 12 weeks. However, disabled employees may be entitled to some additional time under the ADA.
- It's your right to demand good performance—even from employees who take FMLA leave
- Pay cut for poor work? Document carefully
- Common small-company confusion: believing FMLA applies to them
- Collecting unpaid health insurance premiums after FMLA leave
- Open-Door policy is good insurance against harassment claims