Sarah Simon v. Cooperative Educational Services Agency #5

Madison, Wisconsin civil rights lawyer represented Plaintiff, who sued defendant on a Family Medical Leave Act violation theory.



When Sarah Simon returned from

medical leave, her employer, Cooperative Educational Ser-

vice Agency #5, did not allow her to return to her previous

position as a lead teacher at her school. Instead, it placed her

in a backwater position with fewer responsibilities that re-

quired her to split her time between different schools. After a

bench trial, the district court determined that Cooperative

had violated the Family and Medical Leave Act and awarded

Simon declaratory relief and attorney's fees. Cooperative ap-

pealed, contending that neither declaratory relief nor attor-

ney's fees are appropriate under the circumstances.



* * *



The FMLA's "Enforcement” section permits an eligible

employee to bring a civil action against her employer for vio-

lations "to recover the damages or equitable relief prescribed”

by the statute. 29 U.S.C. § 2617(a)(2). The FMLA further di-

rects that "[a]ny employer who violates section 2615 of this

title shall be liable to any eligible employee affected— ... for

such equitable relief as may be appropriate, including em-

ployment, reinstatement, and promotion.” Id. § 2617(a)(1)(B).

The parties dispute whether a declaratory judgment falls

within the FMLA's authorization for "equitable relief.” If the

FMLA authorizes the entry of a declaratory judgment as "eq-

uitable relief,” Simon may be entitled to attorney's fees. See

Id. § 2617(a)(3). If not, then the declaratory judgment was au-

thorized only by the Declaratory Judgment Act, 28 U.S.C.

§ 2201, which does not provide for fees.



See: http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2022/D08-16/C:21-2139:J:Kirsch:aut:T:fnOp:N:2918564:S:0

Affirmed.