Former Assistant AG Seeking to Sue Office

By Geoffrey Fattah Deseret Morning News

A former assistant Utah attorney general is trying to persuade the Utah Supreme Court to allow her to sue the Utah Attorney General’s Office for violating her rights under the Family Medical Leave Act.

Lynn Nicholas claims officials at the AG’s office set up “numerous impediments” when she tried to return from taking leave under the Act’s self care provision. She took the time off after her daughter-in-law died suddenly during childbirth, leaving Nicholas to care for her grieving son and surviving grandchild.

Nicholas worked a reduced schedule and took several leaves of absence when she was diagnosed with post-traumatic stress disorder.

In May 2004, the attorney general granted Nicholas eight weeks of leave under FMLA. Nicholas claims her supervisors discouraged her from returning to work after her leave in an effort to force her to retire. She later sued the state and AG’s office for violating the FMLA but a district judge dismissed the suit under governmental immunity.

Attorneys for the AG’s office argue they are immune from suits that seek monetary damages under governmental immunity.

During oral arguments before the Utah Supreme Court on Tuesday, Nicholas’ attorney argued that the suit should be allowed to move forward because when Congress passed the self-care provision of FMLA, it had evidence of a long history of gender discrimination and therefore the state should be held liable.

An attorney for the AG’s office countered that there is no evidence that Utah has a history of discriminating against women under FMLA and that the law allows the federal government to sue the state if it sees a pattern of violations. He also pointed out that the FMLA does not provide for the filing of a suit or injunction by a citizen.

The Supreme Court took both arguments under advisement and will issue a written ruling in the coming months.

E-mail: gfattah@desnews.com

(c) 2007 Deseret News (Salt Lake City). Provided by ProQuest Information and Learning. All rights Reserved.