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- Title
Coleman v. Maryland Court of Appeals: Constitutional Implications of the Family Medical Leave Act for State Employers.
- Authors
McDonald Jr., Robert E.; Noble Jr., Frank W.
- Abstract
This paper examines the case of Coleman v. Maryland Court of Appeals, which was recently decided by the United States Supreme Court. The decision may have major implications for state employers, as the Court addressed the issue of whether Congress could abrogate a states' Eleventh Amendment Immunity when it passed the self-care leave provision of the Family and Medical Leave Act. The paper initially traces the facts and legislative history of the case, the arguments of the parties and the specific issues argued before the Court, as well as the holding and implications. The paper will balance the Constitutional provisions and statutory requirements as addressed by the Court. The case may have significant implications related to employmentbased gender discrimination with respect to the providing of health benefits in certain circumstances. This paper provides guidance to managers and administrators in terms of setting organizational policy, and provides insight into the necessary requirements for legal compliance, as well as the legal requirements and obligations of employment rights and responsibilities that comport with Constitutional requirements and the provisions of the FMLA. The case also illuminates the implications for the previously decided Nevada Department of Human Resources v. Hibbs.
- Subjects
SICK leave laws; UNITED States appellate courts; FAMILIES; EMPLOYERS; DECISION making
- Publication
Proceedings of the Northeast Business & Economics Association, 2012, p222
- ISSN
1936-203X
- Publication type
Article