Sovereign Immunity Shields State Community College from FMLA Self-Care Claims
Bingham Greenebaum Doll LLP partners Melissa Norman Bork and Brent R. Baughman recently represented Elizabethtown Community and Technical College (ECTC) in a lawsuit alleging claims under the Family and Medical Leave Act and for intentional infliction of emotional distress.
The Wolters Kluwer’ Employment Law Daily e-newsletter highlighted their defense of FMLA claims brought by a former ECTC employee.
The case summary explains that sovereign immunity shielded ECTC from an employee’s claims under the FMLA’s self-care provision. Two individual defendants were similarly shielded from her official-capacity FMLA damages claims, but her claim for reinstatement remains pending. Her intentional infliction of emotional distress (IIED) claims were also dismissed on immunity grounds and for failing to allege outrageous and extreme conduct.