August 16, 2012 by

The U.S. Court of Appeals for the Second Circuit upholds Buffalo, New York’s Fire Department’s Use of an Examination to Determine Promotions

By Rick Gautschi

In M.O.C.H.A, Soc’y, Inc. v. City of Buffalo, Nos. 11-2184-cv and 10-2168-cv, July 30, 2012, 2nd Cir.,as permitted by a state statute, in late 1997, the City of Buffalo contracted with the state of New York’s Civil Service Department (CSD) to have the CSD develop an examination to be administered to fire fighters who sought promotions to the position of fire lieutenant. In response to the request, an associate personnel examiner at CSD spent approximately three years performing a job analysis of fire fighters at all ranks in departments across the state. [Read more…]

Filed Under: Race Discrimination
August 16, 2012 by

The U.S. Court of Appeals for the Seventh Circuit Rules that Repeated Hostile References to a Woman Employee as a “Bitch” Support a Claim of Sexual Harassment

By Rick Gautschi

 In Passananti v. Cook County, No. 11-1182, Slip Opinion, July 20, 2012, 7th Cir., Beginning in 2004, over a period of approximately three years, a former director of the Day Reporting Center (DRC) in Cook County, IL, on numerous occasions, referred to the then-deputy director, Kimberly Passananti, as a “bitch.” At times, references came in face-to-face meetings between director and Ms. Passananti. On other occasions, the director made the references in front of other employees and he used the same term to refer to other women employees at the DRC. The claim that the director used the term in a hostile manner was shown, for example, by his repeated statements to Ms. Passananti that she was a “stupid bitch” and when he directed her to “shut the ‘F’ up, you lyin’ bitch.” [Read more…]

Filed Under: Gender/Pregnancy Discrimination
August 14, 2012 by

The U.S. Court of Appeals for the 11th Circuit Affirms Summary Judgment Dismissal of Former Probationary Female Corrections Officer

By Rick Gautschi

In Jeudy v. Attorney General, Department of Justice, No. 11-15838, Slip. Opinion, July 26, 2012, 11th Cir.,during her probationary period of employment, a pregnant corrections officer informed her employer that as the result of her pregnancy, she experienced severe pelvic pain caused by fibroids on her uterus. According to the officer, the severe pain limited her ability to walk, stand and climb stairs. She requested an accommodation in the form of being allowed to change her shift and work while seated. [Read more…]

Filed Under: Disability Discrimination, Discrimination, Gender/Pregnancy Discrimination
August 7, 2012 by

Alaska Supreme Court Recognizes Union Member Privilege

By Jim Cline  

In a precedent setting case, Alaska has become one of the first states to formally recognize the legal privilege between a union and its members.   In Peterson v. State of Alaska  (2012), the Alaska Supreme Court has held that the communications between a represented employee and his union were privileged and inadmissible in court. [Read more…]

Filed Under: Collective Bargaining Rights
August 1, 2012 by

Ninth Circuit Reaffirms First Amendment Right of Public Employees to be Free of Retaliation

By Mitchell Riese

The Ninth Circuit Court of Appeals recently clarified the rights that public employees have to not be retaliated against by a supervisor for testifying in a deposition in the context of a civil rights lawsuit. In the case of Karl v. City of Mountlake  Terrace, Martha Karl  filed suit against the City of Mountlake Terrace and Assistant Chief of Police Pete Caw.  Karl was the Confidential Administrative Assistant to the Chief of Police. In 2008, she was subpoenaed to give deposition testimony in a federal civil rights lawsuit filed by former department Sgt. [Read more…]

Filed Under: Free Speech Rights
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