Archives for May 2015

May 14, 2015 by

Alabama Sheriff’s Office Defeats Lawsuit for Hostile Work Environment by Promptly Responding to Harassment Complaints

By Erica Shelley Nelson and Brennen Johnson

speak upIn Swindle v. Jefferson County Commission, the U.S. Court of Appeals for the Eleventh Circuit determined that a female former employee of Jefferson County Sheriff’s Office (in Alabama) failed to establish a claim for hostile work environment sexual harassment. The employee sued the County after numerous incidents of alleged sexual harassment. However, the Court determined that the employee failed to establish her claim for a hostile work environment because the County showed that it had exercised reasonable care to prevent and correct harassing behavior and the employee allowed too much time to pass before bringing her claim.

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Filed Under: Gender/Pregnancy Discrimination
May 7, 2015 by

Police Chief May Be Personally Liable for Arresting a Subordinate Officer in Retaliation for His Politics

By Erica Shelley Nelson and Brennen Johnson

schemingIn Williams v. City of Alexander, the U.S. Court of Appeals for the Eight Circuit affirmed a decision to deny qualified immunity to an Arkansas Police Chief who allegedly had a subordinate officer arrested in retaliation for supporting the City’s mayor. Although qualified immunity usually protects public officials from personal liability for actions carried out in their official roles, the Court determined that the Chief could not assert qualified immunity for withholding exculpatory information in an arrest warrant of an officer as a means of retaliating against the officer’s political alignment.

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Filed Under: Free Speech Rights, Political Rights, Privacy Rights
May 7, 2015 by

Florida Female Firefighter Prevails in Lawsuit Against City for Gender-Based Discrimination

By Erica Shelley Nelson and Brennen Johnson

no-girls-allowed2In Smith v. City of New Smyrna Beach, a U.S. Court of Appeals upheld a jury decision awarding a former female firefighter a total of $444,000 in damages for the gender-based discrimination she suffered from the city of New Smyrna Beach, Florida. The female firefighter sued the City for creating a hostile work environment and wrongfully terminating her. At trial, the jury agreed with all of her claims, resulting in the substantial award. Although the City appealed the verdict, the Court of Appeals affirmed the results of the trial, including the substantial monetary award and the female’s reinstatement as a firefighter.

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Filed Under: Gender/Pregnancy Discrimination, Race Discrimination
May 6, 2015 by

Qualified Immunity Protects Connecticut Police Chief from Claim that His Actions Created A Hostile Work Environment for Women

By Erica Shelley Nelson and Brennen Johnson

see hear speak 2In Raspardo v. Carlone, the U.S. Court of Appeals for the Second Circuit found that qualified immunity protected a Connecticut police chief from claims that his actions and supervision of the city police department created a hostile work environment for women. Three female police officers, two former and one current, sued their police chief, claiming that he failed to properly supervise or investigate the conduct of subordinate police officers who allegedly sexually harassed them. The Court held that qualified immunity protected the police chief from the claim because the female officers could not show that his own actions were sufficient to create a hostile work environment nor that he was grossly negligent in supervising his subordinate officers.

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Filed Under: Gender/Pregnancy Discrimination, Race Discrimination