Qualified immunity defense may apply to FMLA claims

Government employees and officials are granted “qualified immunity” in suits where they act in good faith and with a reasonable belief that their actions comply with the law. Most frequently, qualified immunity is discussed in connection with cases alleging the use of excessive force by police officers. However, a recent case before the U.S. 8th Circuit Court of Appeals indicates this may apply to public employers in Family and Medical Leave Act (FMLA) cases.

Facts

Rebecca Sterling worked at the University of Arkansas-Pulaski Technical College (UAPTC). She received FMLA leave to care for her mother who had cancer. While on leave, she was notified that her position was being eliminated in an upcoming reorganization, so she applied for a different position at the school.

A hiring committee led by Bentley Wallace interviewed Sterling and five other candidates. After the interview, the committee hired another applicant who was given a more favorable interview score from Wallace. Sterling alleged that she was more qualified than the other applicant.

Sterling sued the University of Arkansas Board of Trustees, Wallace, and UAPTC. Among other claims, she alleged Wallace discriminated and retaliated against her in violation of the FMLA. It should be remembered that (unlike most other statutes prohibiting discrimination) the Act provides for personal liability against supervisors and officials.