Davis v. Lear Corp., 2023 U.S. Dist. LEXIS 112298, 2023 WL 4275041
Jun 28, 2023OUTCOME: Successfully defeated a motion to dismiss by Third Party Administrator for failure to state a claim of conspiracy to violate the Kentucky Civiul Rights Act
Pursued novel claim for conspiracy to violate the Kentucky Civil Rights Act (KCRA) against Third Party Administrator (TPA) of FMLA claims in addition to pursuing claim against employer. Among other uns ... uccessful arguments, TPA argued that FMLA requests were not covered as requests for accommodation under the KCRA, and that therefore the Plaintiff had not engaged in protected activity. The court found that even though the TPA was not Davis's employer, it could still face liability under the KCRA for aiding and abetting discrimination if it had knowledge of employer's duty and provided substantial assistance. The court reasoned that the KCRA's language mirrors federal law and that federal law recognizes FMLA leave may be a reasonable accommodation. The court found Davis sufficiently alleged facts showing the TPA handled FMLA requests, knew denying leave would lead to termination, and provided substantial assistance, meeting the elements for aiding and abetting.
