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Palmer v. Caccioppo

In the case of Palmer v. Caccioppo, 429 Fed.Appx. 491, a secretary alleged that the school board and school employees (1) denied the secretary’s right to medical leave under the Family and Medical Leave Act (“FMLA”); (2) submitted the secretary to an unreasonable search and seizure by requiring that the secretary submit to drug testing; and (3) submitted the secretary to quid pro quo sexual harassment in violation of Title VII of the Civil Rights Act of 1964. McGown & Markling represented the school board and school employees in this case, and successfully obtained summary judgment for the school board and school employees on all counts. On appeal, the Sixth Circuit affirmed the trial court’s dismissal in favor of the board and school employees. As to the FMLA claim, the Sixth Circuit held that the secretary did not demonstrate that the secretary suffered from a serious health condition or that the board denied any FMLA benefits. As to the search and seizure claim, the Sixth Circuit held that, balancing the drug testing against the secretary’s expectation of privacy, the drug testing requirement served as a reasonable means of ensuring compliance with the drug-free workplace policy. With respect to the quid pro quo claim, the Sixth Circuit held that the secretary did not present any evidence suggesting a causal relationship between the alleged sexual harassment and the secretary’s discharge months later.

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