A recent Third Circuit Court of Appeals decision has made clear that supervisors in public agencies may be subject to individual liability under the Family and Medical Leave Act (FMLA). The court previously has held that public employers, private employers, and supervisors in the private sector may be liable for FMLA violations. Now, for the first time, the court has extended FMLA liability to supervisors in the public sector.

The facts in the case will probably seem eerily familiar to many of you. But the result is scary for public sector supervisors, who now may be personally liable for back pay and other damage awards where their individual actions and decisions violate the FMLA.
Continue Reading Public Sector Supervisors Can Be Personally Liable for Violations of the FMLA

Business downsizing, a poor job market, and increased government enforcement will dramatically increase employment discrimination lawsuits for the foreseeable future. We got a glimpse of this trend with the Equal Employment Opportunity Commission (EEOC) release of 2009 charge statistics noting a record number of discrimination claims filed last year. The EEOC report shows that 95,000 charges were