TRANSPORT WORKERS UNION OF AMERICA, LOCAL 100 v. NYC Transit Auth.

Transit Union Wins Partial Victory in Sick Leave Privacy Case

The Transport Workers Union challenged the New York City Transit Authority's policy requiring medical documentation and inquiries when employees used sick leave. The union argued this policy violated workers' privacy rights under the Americans with Disabilities Act (ADA), which limits when employers can ask medical questions.

The court ruled that the Transit Authority's blanket medical inquiry policy was partially illegal under the ADA. However, the judge said the employer could still require medical documentation in two specific situations: from employees with extremely poor attendance records (to prevent abuse of sick leave) and from workers in safety-sensitive positions (to protect workplace safety). The court ordered further review to determine exactly which employees fall into these categories.

This ruling matters because it protects most workers from having to answer invasive medical questions every time they call in sick. Employers cannot automatically demand detailed medical information from all employees using sick leave. However, workers with serious attendance issues or those in safety-critical jobs may still face medical inquiries. The decision reinforces that employee medical privacy is protected, but workplace safety and preventing abuse remain valid employer concerns.