Archives for February 2017

By: Jim Cline & Harrison Owens

In Raiford v. Maryland Department of Juvenile Services, a Maryland District Court dismissed a former Resident Advisor Trainee’s failure-to-accommodate and constructive discharge claims under the Americans with Disabilities Act (ADA). In his complaint, the resident adviser claimed that he was constructively discharged and his employer failed to accommodate him after he suffered a knee injury that prevented him from physically restraining detainees. The District Court found that detainee supervision and physical restraint were essential job functions, there was no vacant position available, his requested accommodation of permanent light-duty work was not reasonable, and he did not show that the Department forced him to resign.

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By: Jim Cline & Harrison Owens

In Allen v. Baltimore County, a Maryland District Court allowed a corrections officer to continue with his claim for disability discrimination under the ADA against his employer.  In his complaint, the officer claimed that his employer had caused him to sign a demotion agreement and terminated him because he suffered from an inflammatory disease.  The District Court found that the officer could have performed his job if his employer had accommodated his disability, such as by allowing him time to take his medication or giving him light duty.

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By: Jim Cline & Harrison Owens

In Bailey v. City of Englewood, a Colorado District Court dismissed the claims of a former firefighter/paramedic that he had been wrongfully discharged and that the City had failed to accommodate his disability. In his complaint, the firefighter/paramedic claimed that his rights under the Americans with Disabilities Act (ADA) had been violated because he was fired following back surgery. The City argued that his depression, which occurred after his surgery, caused him to be a direct threat to those he served and unable to perform his essential job functions. The District Court agreed with the City, and dismissed the firefighter/paramedic’s case.

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By Reba Weiss and Harrison Owen

In Young v. Town of Bar Harbor, a District Court found that a former police chief was able to bring a claim against the Town of Bar Harbor for violating his claims under the Americans with Disabilities Act and FMLA. In his complaint, the police chief alleged that he had been wrongfully discharged after disclosing his alcoholism, which was perceived as a disability, and that the Town had failed to reasonably accommodate him and violated his FMLA rights. The District Court found that the police chief had a valid claim for wrongful discharge due to a perceived disability and interference with his FMLA rights, but dismissed his other claims.

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By Reba Weiss and Harrison Owen 

In Lane v. Clark County, a U.S. Court of Appeals affirmed a Nevada District Court’s dismissal of a former juvenile detention center cook’s claim that he had been discriminated against in violation of the Americans with Disabilities Act. In his complaint, the cook claimed that he had been terminated due to his anxiety in violation of the ADA. The district court found that the anxiety prevented him from performing the essential functions of his job, and the Court of Appeals agreed. Therefore, his claim for violation of the ADA was dismissed.

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By Reba Weiss and Brittany Torrence

In Gera v. County of Schuylkill, the U. S. District Court of Pennsylvania rejected a pro se former corrections officer’s ADA disability and retaliation claims, granting summary judgment to Schuylkill County because the officer failed to show that he was a qualified individual within the meaning of the ADA, failed to show retaliation, and his disability benefits claim precluded his ADA claim.

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