The court enjoined the continued use of the Transit Authority’s sick leave policy, under which employees were required to disclose information on diagnosis, prognosis and treatment with respect to any sickness that occasioned an absence of three days or more. Plaintiffs argued that the disclosure requirements violated the prohibition on disability-related inquiries found in the Americans with Disabilities Act. Following trial, the court ruled that the Authority could not continue to apply its policy to all employees in non-safety sensitive positions, but only with respect to a small group of employees with a demonstrated record of sick leave abuse.
Transport Workers Union, Local 100 v. N.Y. City Transit Auth., 348 F. Supp. 2d 432 (S.D.N.Y. 2004)
