Lawsuit Claims City Violated CPD Employees’ Rights

Lawsuit Claims City Violated CPD Employees’ Rights

Did the City of Columbus violate the privacy rights of more than 1,000 employees with the division of police?

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COLUMBUS, Ohio—Did the City of Columbus violate the privacy rights of more than 1,000 employees with the division of police?

A federal lawsuit claims just that and a ruling Thursday could eventually carry a $6 million price tag for the already cash-strapped city.

The lawsuit claims a section of the city’s sick leave policy violates the constitutional rights of the police department’s employees. The city claims it is a legitimate effort to stop sick leave abuse.

A federal judge permanently blocked the policy Thursday.

NBC 4‘s Colleen Marshall spoke to attorneys from both sides of the case and learned that despite the injunction, the case is far from over.

The sick leave policy requires police department employees who take three sick days in a row to produce a written doctor’s excuse with a detailed description of the nature of their illness.

The note doesn’t go to Human Resources, however. It goes to the worker’s immediate supervisor.

The lawsuit claims more than 1,000 employees had to reveal personal medical information to supervisors, who sometimes openly discussed their private information with other department personnel and even made jokes about their illnesses.

Attorney Michael Moore said his clients were humiliated by the outrageous behavior and he believes the city should pay $3,000 for each of the 2,000 doctor’s excuses that were handed over to supervisors.

The fine would amount to $6 million for the financially-troubled city, but Moore said, “We don’t really care. Our clients are victims here and there are 1,000 of them. The city should have never engaged in what they had to know was a constitutional violation.“

Pamela Gordan is handling the case for the city attorney’s office.

“I am still reviewing it. We think that the City of Columbus had an appropriate and strong legal position,“ Gordan said.

She said the city will appeal the injunction and will fight any effort to compensate workers who were required to produce a doctor’s excuse for sick time.

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Reader Reactions

Flag Comment Posted by january on July 17, 2009 at 10:53 am

Last time I checked, HIPPA laws were still in effect in Ohio.  OOOOPS to the City.

Flag Comment Posted by notbitter on July 17, 2009 at 10:08 am

I agree with requiring a doctors note, as most employers do, but requiring detailed information regarding the illness/condition is a violation of doctor/patient privilege and a clear violation of the employees right to privacy.

Flag Comment Posted by gmat on July 17, 2009 at 8:33 am

So you want me to pass an income tax increase and take hard earned money out of my pocket with this stuff going on?  I don’t think so!

Flag Comment Posted by Jayb on July 17, 2009 at 8:26 am

I can see the need for a doctors note after 3 days (which is better than where I work, where it’s 2 days), but needing details info on the illness definitely crosses the line.  Goodbye $6 million Columbus!

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