Application of the Fmla and Its Interplay With the Ada - Labor and Employment Review
| Publication year | 2005 |
| Pages | 75 |
| Citation | Vol. 34 No. 5 Pg. 75 |
2005, May, Pg. 75. Application of the FMLA and Its Interplay with the ADA - Labor and Employment Review
May 2005
Vol. 34, No. 5 [Page 75]
Labor and Employment Review
Application of the FMLA and Its Interplay with the ADA
by Eric B. Liebman
This column is sponsored by the CBA Labor Law Forum Committee to present current issues and topics of interest to attorneys, judges, and legal and judicial administrators on all aspects of labor and employment law in Colorado.
Column Editor:
John M. Husband of Holland & Hart LLP in Denver - (303) 295-8228,jhusband@hollandhart.com
About The Author:
This month's article was written by Eric B. Liebman, Denver, a partnerat Lindquist & Vennum PLLP - (303) 454-0543, ELiebman@lindquist.com. The author gratefully acknowledges the research assistance of Natalia S. Ballinger, an associate at Lindquist & Vennum PLLP.
Although the courts have issued opinions substantially interpreting the application of the ADA, interpretation of the FMLA has been limited. The same fact pattern may give rise to claims under both acts. As discussed in this article, prosecuting and defending counsel should carefully consider the differences and similarities between the statutes.
The Family and Medical Leave Act of 1993 ("FMLA")1 had its tenth birthday on February 5, 2003. After more than a decade of litigation under the FMLA, it remains a potent weapon in the arsenals of plaintiffs' employment lawyers and a source of concern to defense lawyers and human resources professionals. The U.S. Supreme Court has issued only three opinions interpreting the FMLA in any way; none of these materially limits its application.2 In fact, the Supreme Court recently expanded the application of the FMLA to the states, qua employers.3
This presents a striking contrast to the Americans with Disabilities Act ("ADA"),4 the application of which has been significantly limited by the U.S. Supreme Court in recent years.5 The distinction between the FMLA and ADA is important because of the substantive overlap between the two laws and because the same fact patterns often give rise to claims for violations of both acts.
This article provides an overview of the structures of the ADA and the FMLA and compares and contrasts the two acts. The article also discusses case law that applies the elements of both acts simultaneously.
FMLA Overview
The FMLA allows eligible employees6 to take reasonable unpaid leave for medical reasons; for the birth or adoption of a child; and for the care of a child, spouse, or parent who has a serious health condition. The FMLA is intended to balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity.7
The FMLA entitles eligible employees to take up to twelve work weeks of unpaid leave annually for any of several reasons, including the onset of a "serious health condition" in an employee or the employee's spouse, child, or parent.8 The FMLA creates a private right of action to seek both equitable relief and money damages "against any employer (including a public agency) in any federal or state court of competent jurisdiction,"9 should that employer "interfere with, restrain, or deny the exercise of" FMLA rights.10
ADA Overview
The ADA prohibits discrimination by covered entities, including private employers, against qualified individuals with a disability. Specifically, it provides that no covered employer may
-discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.11
A "qualified individual with a disability" is identified as "an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires."12 In turn, the ADA defines a "disability" as:
(A) a physical or mental impairment that substantially limits one or more of the major life activities of such...
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