A Columbus attorney is seeking class members from a pool of more than 2,500 current and former civilian Columbus Division of Police employees in a class action suit filed in federal court challenging the department's "sick leave abuse" policy.

Last week, notices of the court-approved class action were mailed to employees notifying them they may be entitled to monetary damages as a result of the division's privacy violations resulting from a policy requiring certain employees to submit a doctor's excuse for every absence.

Employees who missed shifts or had unsubstantiated sick days were labeled sick leave abusers or listed as AWOL - absent without official leave. A multiple violator could face unpaid suspensions or dismissal.

"The danger in this requirement is that over time, management will be able to identify employees who might have long-term medical issues and target those individuals for termination," sole practitioner Mike Moore said.

"Also," he contends, "supervisors have no duty to keep such information secret, and they may be subject to myths, fears and stereotypes about disease that will be communicated throughout the workplace.

"We know, in fact, that this has happened pretty often."

One of the six women representing the class, Lisa Lee, told The Daily Reporter last year - at the time the suit was filed - the label of "sick leave abuser" followed her well after she left the department. Of the 75 state and federal jobs for which she has subsequently applied, "I'm not even selected for interview," she said.

After applying for a radio position with the Ohio State Highway Patrol, Lee learned the city had told the prospective employer the woman had left in bad standing due to excessive absences and was a sick leave abuser. Additionally, she was noted by the city to have abused the Family and Medical Leave Act, for which she had to be disciplined.

"So what we want is the court to invalidate this (activity)," Moore said last year. "And to compensate those individuals" who have been negatively impacted by the practices.

Joining Lee as class representatives are Cheri Bowman, Veronica Conley, Paula Lee, Teresa Ruby and Carrie Best.

Earlier this year, U.S. District Judge Gregory Frost granted the women an injunction forbidding the city from enforcing the policy until the case is decided.

The suit is scheduled to go to trial Oct. 26, 2009, according to a link on Moore's Web site. However, the attorney is hopeful to resolve the issue even sooner.

"We expect that Judge Frost will see the case our way on all the issues, and enter final judgment against the city early in 2009," he said. "We now are working to learn how many times the city has violated the law so we can evaluate the total compensation due the class."

In order to be excluded from the class, former and current civilian employees are expected to request so by Dec. 15, according to the notice.

Calls and e-mail inquiries to the city attorney's office were not returned by early Wednesday afternoon. Legal counsel for Afscme-Afl-CIO Columbus City Employees Local 1632 also was unavailable for comment.

The complaint alleges violations of the Family and Medical Leave Act, Rehabilitation Act of 1973 and the Fourth, Fifth and 14th amendments of the U.S. Constitution against the five woman, and makes a claim for class-action status. The list of eight defendants includes the city of Columbus, Police Chief James Jackson and radio room Commander Gary Dunlap.

The Division of Police Sick Leave Abuse Policy provides employees whose absences for illness or injury met certain conditions are required to provide documentation stating the medical conditions warranting every absence; and are subject to monitoring by members of the chain of command.

The Rehabilitation Act of 1973 stipulates that no employee of an employer receiving federal funds shall be subject to discrimination on the basis of disability. Based upon the Americans with Disabilities Act, the Rehabilitation Act of 1973 prohibits those employers from discrimination in certain medical inquiries, which, except in specific circumstances set out by the ADA, will tend to elicit information about a possible disability.

In the complaint, Moore said supervisory personnel in the employee's chain of command are not authorized by the statute to have access to confidential medical information.

The case is Lisa Lee, et al. v. The City of Columbus, et al., case no.: 2:07-CV-1230.

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