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Interviewing Harassed Employee During Leave May Violate the FMLA

August 20, 2021

Via: SHRM
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A Napa County corrections officer who alleged that he had been harassed and who then was pressured to describe the harassment during his ensuing medical leave could bring a Family and Medical Leave Act (FMLA) interference claim, a federal district court in California has ruled.

The plaintiff was hired as a Napa County correctional officer in March 2007. He earned several letters of commendation and was promoted to the position of field training officer. The plaintiff claimed that, for a 12-month period, his co-workers harassed him, referring to him as “bi-curious” and “gay,” made crude and pejorative comments to him, and hung pictures in the workplace to suggest that he was gay.

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