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Video Dreams Mummy Edit 1 Walkthrough & Cheats. Video Dreams Mummy is a fun, free online game by Young G. Hidetaro Takeba and his team at the.. a legitimate purpose, their conduct must not be "arbitrary, discriminatory or in bad faith." Id. at 1336 (citations omitted). Further, the FMLA and its regulations "must be given a construction designed to protect the rights of those who use FMLA leave." Id. at 1336. The district court, while acknowledging the constitutional concerns raised by the version of 29 C.F.R. § 825.220(c) at issue, found that the regulation's definition of medical certification on the first day of absence was not sufficiently vague to survive a facial challenge. We agree that the plaintiff has shown no clear violation of her constitutional rights. See id. at 1336. The certification language employed by the Department was not so vague as to violate the plaintiff's rights under the Due Process Clause of the Fifth Amendment, which requires "only that the regulation be sufficiently precise for the [employer] to know what conduct it prohibits." Id. at 1337 (quoting Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 503 n. 20, 102 S.Ct. 1186, 71 L.Ed.2d 362 (1982)). See also Kometani v. Group Ins. Admin., Inc., 104 F.3d 806, 809 (6th Cir. 1997) (noting that an employer may decide whether to enforce an employee's medical certification if the employee's absence is justified and if he had made adequate medical arrangements). The plaintiff alleges that the FMLA and its regulations violated the Equal Protection Clause of the Fifth Amendment. The Equal Protection Clause prohibits the government from treating similarly situated persons differently. The equal protection claim fails because the plaintiff did not raise it at the administrative level. Accordingly, the plaintiff is barred from raising the claim in a judicial forum. See Johnson v. Sullivan, 922 F.2d 346, 350 (7th Cir.1990). Finally, we turn to the plaintiff's argument that the Department's interpretation of the FMLA and its regulations is inconsistent with the plain language of the statute and its regulations. This argument is also without merit. The plaintiff concedes that neither the statute nor the regulations *41 directly prohibit the use of medical certificates only on the first day of absence. See

 

 

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