By Anthony Rice
In Parrott v. Krasicky, the court denied a female police chief’s motion to dismiss a female police officer’s gender discrimination claim based on a hostile work environment.
October 17, 2013 by
Same-Sex Gender Discrimination Equally Unlawful: Court Denies Female Police Chief’s Motion to Dismiss a Gender Discrimination Claim Filed by Her Subordinate Female Officer Over Her “Chick Cop” Remarks
October 17, 2013 by
Arbitrator Overturns a Discharge for Excessive Force Based on Lack of “Clear and Convincing” Evidence but Imposes Suspension for Incomplete Use of Force Report
By Anthony Rice
In Southern Ohio Correctional Facility, the arbitrator relied on a correctional sergeant’s positive work history and the lack of conclusive evidence to determine termination was without just cause. But the arbitrator imposed a 5 day suspension concluding that the Sergeant’s use of force report, while not “intentionally dishonest,” reflected a failure of “cooperation” because it lacked “detail.” [Read more…]
October 16, 2013 by
Capitol Police Officer’s FMLA Interference and Retaliation Claims Dismissed
By David Worley
A District of Columbia federal court dismissed a Capitol Police Officer’s FMLA interference and retaliation claims in Gordon v. U.S. Capitol Police, 20 WH Cases2d 453 (D.D.C. 2013), when she could provide no evidence that her employer denied her FMLA benefits (interference) and no evidence that she experienced and adverse employment action because of her use of her FMLA rights (retaliation). Despite an angry supervisor’s response to her request, the court found insufficient evidence of an “adverse action.”
October 14, 2013 by
Social Network Regulation, Part II: Developing a Constitutional and Sound Policy that Recognizes Legitimate Department Interests
By Jim Cline
In Part One of this two-part series, we identified the growing problems associated with the Internet and its connected social media. Chiefly, we identified the problem associated with the new opportunities presented to public safety employees to be “stupid” in what they say or do on a much grander and more public scale. As we discussed, previous discipline cases addressed how to discipline officers and firefighters for misplaced communications to a narrow audience, such as the gathering of coworkers off-duty at the neighborhood bar. Now the Internet allows employees to event to the world. [Read more…]
October 11, 2013 by
Number of Patrol Deputies Allowed on Vacation Comes Down to the Definition of “Watch”
By Mitchel Wilson
In DuPage County Sherriff, 13 LA 1131 (Wolff 2013), the arbitrator sustained the Union’s grievance based on the assertion that the County was preventing deputies from taking vacation in violation of the CBA terms.
October 11, 2013 by
Social Network Regulation, Part I: The Competing Interest of Departments and the Constitutional Rights of Their Employees
By Jim Cline
As we all know, “social media” are becoming prevalent. The ubiquity of the Internet and the rapid expansion of other social media such as Twitter and social media pages such as Facebook, create opportunities for communication of astonishing proportions. With that ability to communicate on a larger stage comes one very directly associated problem — the ability to say something incredibly stupid to a much greater number of people on that “larger stage.” Or as one law enforcement blogger described the problem — police agencies now need to develop policies to address the problems associated with “when stupid strikes.”
October 10, 2013 by
White Police Officer’s Title VII Race Discrimination Claim Fails when He is denied Promotion after City of Buffalo Implemented New Aptitude Test Designed to Eliminate Racial Bias
By David Worley
In Maraschiello v. City of Buffalo Police Dep’t, 117 FEP Cases 665 (2d Cir. 2013), the Federal Second Circuit Court of Appeals agreed that summary judgment was proper when a white Buffalo Police captain was denied a promotion after he refused to take the new aptitude test, which he claimed was implemented to give an unfair advantage to minorities. The court found that because the employer instituted the new aptitude test in a racially neutral manner, and the new test was designed to eliminate previous racial bias, the new test could not be considered to have an adverse racial impact. [Read more…]
October 10, 2013 by
Sleeping Corrections Officer Wrongfully discharged with Sleepiness was Caused Diabetes and Denial of Meal Breaks
By David Worley
In Lee v. District of Columbia, 27 AD Cases 895 (D.D.C. 2013), a District of Columbia Federal District Court found that a diabetic corrections worker had valid claim under the ADA when he was fired for falling asleep on the job, but had been denied a regular meal break and therefore could not manage the symptoms of the disease. These symptoms included dizziness, fainting or sudden fatigue resulting in falling asleep. The court found that because an employer accommodation was necessary for Lee to be able to perform the essential functions of the job, he was in fact disabled in the meaning of the ADA. [Read more…]
October 10, 2013 by
Federal Court Rejects Disability Discrimination Claim of Correction Officer recovering from Cancer
By David Worlyey
In Moore v. Maryland Dep’t of Public Safety & Correctional Services, 27 AD Cases 849 (D. Md. 2013), a Maryland Federal District Court found no claim could be made under the ADA when Arlene Moore, a corrections officer recovering from breast cancer, was terminated following an extended period of sick leave and there was no indication that she would be able to return to work. The Officer had 8 months of leave and her doctor indicated that she either “would” or “might” be able to return after an additional 7 months of leave. The court concluded that this prolonged leave especially in the absence of a certain return date was not a reasonable accommodation.
October 10, 2013 by
Detective’s Retaliation Claims under ADA and FMLA Fail despite Co-Worker Harassment
David Worley
In Benavides v. Oklahoma City, 20 WH Cases 2d 331 (10th Cir. 2013), the Court upheld summary judgment on ADA and FMLA claims by a former detective when there was no retaliatory action, the employer suitably responded to alleged harassment, the paid administrative leave was standard for an employee being investigated for a crime, the paid leave did not adversely affect the plaintiff, and there was no showing that the City’s reason was pretextual. The court had little trouble in affirming the lower court’s granting of summary judgment as the plaintiff had utterly failed in indicating any violation of either the ADA or FMLA had occurred.
