Legal Question in Disability Law in Virginia
Are Unions "Above the law" when it comes to FMLA and ADA violations by the employer? In other words can the union discriminate against a union member by ignoring these laws even when the member points out that the employer has violated each law? If not what should an individual do when the discrimination is blatant on both sides.
1 Answer from Attorneys
The employee's right of action under the FMLA and ADA federal laws is against
the employer for alleged wrongdoing and not the employee's union. And, no,
it is not a matter of the unions being "above the law", but what these laws
specifically provide for in terms of a remedy for the employee who believes his or her rights may have been violated and which ( as far as I am aware) make no mention of any right of an employee to sue a union for alleged violations of the referenced laws.
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