January 11, 2013 by

How Voluntary is a Resignation While Under Investigation? Georgia Federal Court Finds Investigator’s Threat, Pre-Written Resignation Letter Potentially Coercive

By Kate Acheson

In Rogers v. Georgia Dep’t of Corr., a federal district court in Georgia considered whether an internal investigator’s threat of termination and presentation of a pre-written resignation letter is sufficient to show that a resignation was coerced.  The court found that, although the knowledge of impending discipline alone is not enough to make a resignation involuntary, the threat and pre-written letter was enough evidence to possibly persuade a jury that the employee’s termination was not voluntary.

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Filed Under: Discipline, Other Procedure issues, Prediscipline procedure
January 4, 2013 by

Shift-Change Offer a Reasonable Accommodation for Churchgoer, even if Sunday Work is Required, Seventh Circuit Finds

By Kate Acheson

The Seventh Circuit recently found, in Porter v. City of Chicago, that an offer to work a later shift so an employee could still attend her morning church service was a reasonable accommodation.  Although the employee wished to have all of Sunday off and was not willing to work the later shift, the Seventh Circuit found, that did not make the employer’s offer unreasonable.

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Filed Under: Discrimination, Legal Rights, Religion Discrimination
January 3, 2013 by

Implicit Reference to Racial Discrimination in Complaints Saves Trooper’s Retaliation Claim from Summary Judgment

By Kate Acheson

A trooper who complained numerous times of disparate treatment, filed suit after his eventual termination, claiming his employer violated Title VII by discriminating and retaliating against him due to his race.  In Reaves v. Pennsylvania State Police, the Pennsylvania District Court found, “although the evidence [was] rather tenuous,” enough material dispute of fact existed for the trooper’s retaliation claim to survive summary judgment and go to the jury.  The trooper’s other Title VII claim – for discrimination – lacked sufficient evidence and was rejected as a matter of law.

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Filed Under: Discrimination, Legal Rights, Race Discrimination
December 14, 2012 by

Rumor has it! New Jersey Officer’s Free Speech Claim Based on Rumors Dismissed for Lack of Evidence

By Kate Acheson

Officer Von Rhine, an employee of Camden, NJ County Sheriff’s Department, claimed his Department violated his First Amendment rights to Free Speech by transferring him in retaliation, for complaints he made against his boss.  The Federal Court for the District of New Jersey dismissed this claim in Von Rhine v. Camden County Sherriff’s Office.

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Filed Under: Constitutional Rights, Free Speech Rights, Legal Rights
December 10, 2012 by

Commissioner’s “Conniving Ivan” Comment Not an ADA Violation, Connecticut Federal Court Finds

By Kate Acheson

In Fossesigurani v. City of Bridgeport Fire Dept., the Connecticut Federal Court dismissed an assistant city fire chief’s American with Disabilities Act claims, arising from a fire commissioner’s allegedly derogatory comment.  The court found the comment alone was insufficient proof of an adverse employment action, or a hostile work environment under the ADA.

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Filed Under: Disability Discrimination, Discrimination
December 7, 2012 by

Remove that Tattoo or Find Another Job! Third Circuit Reject’s Applicant’s Objections to State Police Pre-Hire Tattoo Review Policy

By Kate Acheson

The Federal Third Circuit Court of Appeals has found a Pennsylvania State Police pre-hire tattoo policy, was properly applied without violating an applicant’s Constitutional rights in Scavone v. Pennsylvania State Police.  Although officially unpublished and not precedent setting, the case deals with an issue of emerging importance.

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Filed Under: Constitutional Rights, Legal Rights, Privacy Rights
December 7, 2012 by

A Case of Mistaken Disability: Officer’s Good Faith Belief Saves ADA Retaliation Claim

By Kate Acheson

In Forgione v. City of New York, a New York District Court found that an officer mistakenly perceived as suffering from Post-Traumatic Stress Disorder (“PTSD”), only had sufficient proof to show “retaliation,” but not “discrimination” under the Americans with Disabilities Act (“ADA”), where the Department had sent the officer for a fitness for duty evaluation.  The Court concluded that evidence existed of a retaliatory intent in the compelled examination, but that a psychological examination did not constitute an “adverse action” under the ADA.

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Filed Under: Disability Discrimination, Discrimination
November 30, 2012 by

NYC Not Liable for Title VII Sexual Harassment: Officer Unreasonably Failed to Report the Harassment for Over One Year Despite Available Procedure

By Kate Acheson

Plaintiff Tracy Joyner, a New York City Corrections Officer, filed suit against the City of New York for discrimination and retaliation in violation of Title VII after her supervisor made repeated sexual advances towards her.  In Joyner v. City of New York, the District Court dismissed all federal claims, finding that, although Ms. Joyner was sexually harassed, the City is not liable because Ms. Joyner waited over a year before reporting the harassment. [Read more…]

Filed Under: Discrimination, Gender/Pregnancy Discrimination
November 29, 2012 by

Officer Claiming “Anti-Union Animus” Was Terminated for Misconduct, Not Union Ties, Colorado District Court Finds

By Kate Acheson

A police officer’s claim, that his discharge was due to “anti-union animus,” in violation of his freedom of association, was recently dismissed by Colorado District Court in Cillo v. City of Greenwood Village.  The Court found that the discharge was properly motivated by the officer’s misconduct, which violated a suspect’s constitutional rights and department policy, not by any anti-union animus.  [Read more…]

Filed Under: Association Rights, Constitutional Rights, Legal Rights
November 8, 2012 by

Just Cause Termination for Poor Judgment Requires Clear Policies, Guidance

 By Kate Acheson

In Cincinnati State, 130 LA 1205 (Heekin, 2012), a Campus Police Officer was terminated for “very poor judgment” after pursuing a reckless driver on campus, while driving her own private, unmarked vehicle.  The Officer disputed the termination, claiming no just cause existed.  The arbitrator agreed and directed the Officer’s immediate reinstatement with back pay, seniority, and benefits.

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Filed Under: Arbitration Rulings, Discipline
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