The U.S. Court of Appeals for the Second Circuit has ruled that a Human Resources Director working for a private sector employer can be individually liable for violations of the federal Family and Medical Leave Act (FMLA).
The ruling by the appeals court in Graziadio v. Culinary Institute of America, No. 15-888-cv (2d Cir. March 17, 2016), allows a FMLA lawsuit against the Human Resources Director to move forward on grounds of alleged unlawful interference and retaliation. Although there have been several circuit court rulings finding that employees of public employers can be individually liable for FMLA violations, the Second Circuit’s decision appears to be the first to find individual liability in the context of a private employer.
In considering whether the HR Director met the FMLA’s definition of the term “employer,” and therefore could be held personally liable, the Second Circuit relied on interpretations of the meaning of “employer” found in another federal law, the Fair Labor Standards Act (FLSA), which is very similar in structure to the FMLA.
A copy of the Second Circuit’s decision in Graziadio is available here.
Members of the Equal Employment Advisory Council (EEAC) can read more here.