Tracy Billows Quoted in Westlaw Journal Employment
“Justices: States not liable for damages under family-leave law”

Labor and Employment partner Tracy Billows was quoted in an article appearing in the April 3 edition of Westlaw Journal Employment. The article discussed the U.S. Supreme Court ruling in Coleman v. Court of Appeals of Maryland et al., a case in which the justices determined that a state worker cannot sue his/her employer for money damages for alleged violations of the self-care provision of the federal Family and Medical Leave Act (FMLA).

The verdict in Coleman was won by a very small margin. The minority claimed that the self-care provision discourages gender discrimination in the workplace, making it possible for women to work while still playing an active role in their families—a key goal of the FMLA.

Tracy makes a distinction between the family-care and self-care components of the statue, commenting, “The justices looked at the underlying purpose of the family care and self-care sections of the FMLA, and determined that the self-care provision did not involve gender issues.” She adds, “With the family care provision, it was assumed that women would be responsible for such responsibilities, while the self-care provision would not, and, therefore was gender-neutral.”