The National Law Review shares its take on the recent case of Guzman v Brown County.
The holding in the case is important because the Seventh Circuit confirmed a long-standing legal principle in an employer’s favor and clarified that constructive notice (i.e., the employee does not provide actual notice, but the employer nevertheless should have known) of a serious health condition requiring FMLA leave is a narrow exception to the notice requirement under the FMLA. Specifically, the Guzman court held that employment decisions made before notice of a potential serious health condition are shielded from claims of discrimination, interference, or retaliation.
