When an employee returns from sick leave, it is not unusual for employers to require a doctor’s note to verify that the individual was ill and that he or she is well enough to execute regular duties. But in December 2007, a group of employees challenged this custom in a class action lawsuit, claiming their employer–the city of Columbus, Ohio–was violating their privacy and federal anti-discrimination laws by requiring such notes.
The case was brought under the Rehabilitation Act. Because the provision in question is similar to the Americans with Disabilities Act (ADA), a district court analyzed the issue under the ADA and found the city’s directive to be overly intrusive and ruled in favor of the plaintiffs in 2009. The court also granted a permanent injunction prohibiting the city from enforcing the rule.
