Archives for March 2017

March 28, 2017 by

District Court in Pennsylvania Says Police Officer May Go Forward With Suit Against Department After He Was Terminated for DUI

By Erica Shelley Nelson and Sarah Burke

In Hoffman v. City of Bethlehem (Case), Hoffman v. City of Bethlehem (Court’s Order)  a federal district court in Pennsylvania denied a police department’s motion to dismiss a police officer’s disability discrimination claim. The district court ruled that the department’s reliance on a fitness for duty test before denying the officer reinstatement was enough to demonstrate they regarded him as disabled and provide him protection under the Rehabilitation Act.

[Read more…]

Filed Under: Disability Discrimination
March 20, 2017 by

District Court in Georgia Dismisses Fire Medic’s Claim of Discrimination Related to Comments at Work, an Involuntary Transfer, and Alleged Constructive Discharge

By: Loyd Willaford and Sarah Burke

In Cheatham v. DeKalb County, a federal district court granted summary judgment on a female fire medic’s claims that she had been discriminated against because men in her unit did not use the toilet properly and the station captain made a comment that “the only reason why a woman is in the fire service is to cook and do clerical work.” The court ruled that the fire medic had not suffered a materially adverse employment action because she was transferred and her transfer was a lateral one and she could not meet the high burden of establishing she was constructively discharged when she quit and got a better paying job.

[Read more…]

Filed Under: Discrimination, Gender/Pregnancy Discrimination
March 9, 2017 by

Probationary Firefighter Trainees Were Entitled To Post-Termination Name-Clearing Hearing Over Claims Of Cheating

By: Erica Shelley Nelson and Sarah Burke

In Cortez-Debonar v. Fretwell, two former firefighter trainees sued the city of Las Vegas after they were terminated from the firefighter academy following allegations of cheating. The district court held that the trainees could pursue both their due process and breach of contract claims.

[Read more…]

Filed Under: Constitutional Rights
March 9, 2017 by

Arizona Supreme Court Finds Union Release Time Legal Under State Constitution

By: Erica Shelley Nelson and Sarah Burke

In Cheatham v. DiCiccio, a majority of the Arizona Supreme Court found that union release time was not illegal under the state constitution’s Gift Clause.

Ninety percent of police officers in Phoenix belong to a police union. Like most collective bargaining agreements, under the Phoenix police union’s collective bargaining agreement, officers are excused from usual police duties, but are still paid by the city, while they perform union activities and conduct union business.

[Read more…]

Filed Under: Association Rights
March 9, 2017 by

Missouri District Court Finds Officers’ Letter Critical of Police Chief Was Not Protected Speech

By:  Erica Shelley Nelson and Sarah Burke

In Barnes v. City of Charlack, a federal district court in Missouri dismissed two police officer’s claims that they were retaliated against for speaking out against the police chief. The district court ruled that the officer’s had spoken in their capacity as public employees rather than private citizens and had no First Amendment claims.

[Read more…]

Filed Under: Disability Discrimination
March 1, 2017 by

Alabama Officer Living with Convicted Felon Can Pursue Retaliation Claim Against His Employer

By Erica Shelley Nelson and Sarah Burke

In Jones v. City of Heflin, a former Alabama police lieutenant sued the City of Heflin following his termination. The lieutenant argued he was terminated in retaliation for refusing to report an extra-marital affair to the husband of a female officer who had sued the department for gender discrimination. The district court found this reason was enough for the lieutenant to move forward with his claim and denied the City summary judgment.

[Read more…]

Filed Under: Discrimination