October 10, 2013 by

Detective’s Retaliation Claims under ADA and FMLA Fail despite Co-Worker Harassment

David Worley

DominanceIn 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. 

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Filed Under: Disability Discrimination, Discrimination, Legal Rights
October 9, 2013 by

When the CBA specifies who will be Promoted, Management may elect to Leave Position Vacant, Arbitrator holds

By David Worley

PromotionIn City of Chicago, 131 LA 902 (Goldstein, 2013), the arbitrator found no violation of the CBA occurred when the Chicago Police department did not elevate a Captain to position of Commander when the current Commander was temporarily absent even though the CBA specified that an available Captain (the grievant), would be elevated to that position when it became vacant.  The arbitrator found a valid exercise of management rights when the City decided it was unnecessary to fill the vacant Commander position when the vacancy was for such a short period.  Although during the vacancy, officers were instructed to look to a Commander at a neighboring district for “any questions or concerns”, the arbitrator found this did not constitute actually filling the vacancy.

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Filed Under: Contract Interpretation
October 9, 2013 by

Private Duty Work of Police Officer, even when Assigned by Department, does not count toward Overtime, Arbitrator Holds

By David Worley

No OvertimeIn Town of Canton, 131 LA 876 (Gnocchi 2013), the arbitrator found that because the overtime provisions of the CBA did not reference “Private Duty” work, and there was a separate provision detailing the compensation for private duty work, the grievant was not entitled to the overtime rate of pay for that private duty work.  The arbitrator found the lack of applicable language in the overtime provision determinative, and considered private duty work, although assigned by the department and done in uniform, to be essentially work performed for a third party. [Read more…]

Filed Under: Contract Interpretation
August 28, 2013 by

An FBI Linguist’s Speech That is Not a Matter of Public Concern May Come with a Price

By Anthony Rice

Free SpeechIn Pubentz, an FBI linguist’s First Amendment retaliation claim failed because the linguist’s comments, made during a work presentation at the Chicago FBI Office, were not made as a citizen on a matter of public concern. Moreover, even if the speech was made as a citizen and on a matter of public concern, the court held the government’s interest would outweigh the linguist’s in this scenario.

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Filed Under: Constitutional Rights, Free Speech Rights, Legal Rights
August 22, 2013 by

County Employee Tricked into Applying for “Guaranteed” Transfer but Not Hired

By Mitchel Wilson

Hand ShakeIn Hamner v. Ann Arundel Cnty., 117 FEP Cases 1672 (2013), the court permitted the claims of a county employee who had been transferred to the police department against the county for retaliatory failure to hire and a hostile work environment. She had been transferred, but the county claimed to only a provisional position.

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Filed Under: Discrimination, Gender/Pregnancy Discrimination
August 20, 2013 by

Officer Terminated after Arrest for Illegal Sale of Firearm Survives Motion to Dismiss Due Process Claim

By David Worley

Due ProcessIn Dooley v. City of Bridgeport, 34 IER Cases 1507 (S.D. Ill. 2013), the court denied motions to dismiss the due process claims of Officer Dooley, an Illinois police officer who was terminated following an arrest for illegally selling a firearm.  The charge turned out to be baseless, and Dooley challenged his termination on due process grounds and a number of state statutes.  The court found that as Dooley had a well defined property interest in his employment and no sufficient inquiry had indicated termination was actually proper, his claims could survive a motion to dismiss.

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Filed Under: Discipline, Other Procedure issues, Prediscipline procedure
August 20, 2013 by

Officer Firing Assault Rifle into Home of Wife’s Lover Not Protected Under ADA for Depression

By Mitchel Wilson

LoadingIn Horne v. City of Detroit, 27 AD Cases 1518 (2013), the court dismissed a former Detroit police officer’s ADA claim and granted summary judgment for the City of Detroit.  The court concluded that the City lawfully terminated Horne after he plead guilty to four counts stemming from him firing eight rounds from an AR-15 into the home of his wife’s lover. [Read more…]

Filed Under: Disability Discrimination, Discrimination
August 15, 2013 by

Disabled Dallas School Liaison Officer Refuses to Take Psychological Exam to Stay in School

By Mitchel Wilson

Clip BoardIn Bennett v. Dallas Independent School District, 3:11-cv-00393-D (2013), the court granted summary judgment to the Dallas Independent School District (“DISD”) and dismissed Bennett’s claims under the ADA and Uniformed Services Employment and Reemployment Rights Act (“USERRA”) when Bennett refused to take a psychological exam following a disability related reassignment, and then stopped showing up for work entirely without providing any notice. Bennett was an officer with the school district from February 2001 until August 2010.  He was called to active duty of the US Army in Afghanistan from March 2005 to June 2006 and in Iraq from May 2007.  In Iraq, he suffered a knee injury resulting from an explosion of a rocket propelled grenade that struck his vehicle.  Because of his physical injuries, he could not perform the following necessary functions of the job for at least six months.

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Filed Under: Disability Discrimination, Discrimination, USERRA
August 13, 2013 by

Firefighter Promotion Candidate is Not Too Hot: Firefighter USERRA Claim Dismissed Amidst Unprofessional Conduct Rumors and Lack of Experience

By Mitchel Wilson

Case DismissedIn Landolfini v. City of Melburn, (2013), the court granted the defendant City summary judgment and dismissed Dominick Landolfi’s claim for discrimination under the USERRA.  Landolfini alleged that the City failed to promote him because he is a reservist in the air force and that he might be called away to serve. But the court concluded that his misconduct is what led to his promotion difficulties.

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Filed Under: Discrimination, USERRA
August 9, 2013 by

Absent Prone Dispatcher Has Valid FMLA Interference and ADA Claims but no Retaliation

By Mitchel Wilson

AbsentThe District Court in Crowell v. Denver Health, (2013) allowed a discharged Colorado paramedic dispatcher’s FMLA and ADA claims to go to trial on cross motions but dismissed her claim for retaliation when the employees’ absences place her in violation of the employer’s “Excessive Absenteeism” policy.

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Filed Under: Disability Discrimination, Discrimination
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