Southeast ADA Center
2011
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In December 2007, a group of current and former employees of the City of Columbus Police Department brought a claim alleging that their employer violated both Section 504 of the Rehabilitation Act (“Section 504”) and their right to privacy under the U.S. Constitution. The plaintiffs challenged a citywide directive requiring employees who were returning from sick leave, injury leave, or restricted duty to submit a doctor’s note to their supervisors. Under the directive, these notes were required to contain a description of the nature of the illness, and a recommendation as to whether the employee was fit to return to duty.
The plaintiffs asserted the directive violated the Rehabilitation Act and privacy provisions of the U.S. Constitution because it mandated disclosure of confidential medical information. The District Court found for the plaintiffs and granted a permanent injunction prohibiting the city from enforcing the directive. The defendant then appealed to the Sixth Circuit U.S. Court of Appeals, and a decision was reached on February 23, 2011.
https://adasoutheast.org/court-decisions/lee-v-city-of-columbus-ohio
Keywords: Rehabilitation Act, Section 504, discrimination, employment, legal concepts, medical inquiry, medical leave, right to privacy, sole causation, state & local government