December 26, 2017 by

Michigan Police Department Declines to Rehire Former Deputy Fired While Negotiating a Return to Work

By: Loyd Willaford and Sarah Burke

In Williams v. Office of Chief Judge of Cook Cnty., a former African American juvenile probation officer in Illinois, sued her department for racial discrimination and workers compensation retaliation after she was terminated while on medical leave. The department argued that the decision was based on its belief that the officer had abandoned her job. The Seventh Circuit upheld the lower court’s decision, and granted the department summary judgment on both claims.

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Filed Under: Disability Discrimination, Race Discrimination
October 18, 2017 by

Florida Police Officer Was Not Discriminated Against After Being Fired For Lack of Qualifications

By: Loyd Willaford and Sarah Burke

In Valdes v. City of Doral, a former police officer alleged he had been unlawfully terminated after his job restrictions prohibited him from patrolling the streets. The city argued that it was necessary for an officer to be able to patrol the streets and therefore the officer was no longer qualified for his job. The Eleventh Circuit upheld the lower court’s ruling and dismissed the officer’s claims.

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Filed Under: Disability Discrimination
October 17, 2017 by

Pennsylvania County Lacks Basic Understanding of the FMLA, Terminates 911 Director For Taking Leave to Care for Her Elderly Parents

By: Loyd Willaford and Sarah Burke

In Raimondi v. Wyoming County, a former 911 Center director was terminated after she took FMLA leave to care for her mother and father. The County argued that the director was not entitled to FMLA because she had not specifically asked for it and her parents had not had a medical emergency. A United States District Court in Pennsylvania found the County liable under the FMLA and ruled in favor of the director.

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Filed Under: FLSA
October 11, 2017 by

Disabled Deputy Sheriff in Virginia Was Not Discriminated Against By Losing Out on Open Job Position to More Qualified Individual

By: Loyd Willaford and Sarah Burke

In United States v. Woody, a former deputy sheriff was unable to perform her job after being diagnosed with a heart condition and asked for a transfer to a different position. A position opened but the deputy sheriff was not the most qualified applicant and did not receive the job. The deputy sheriff sued and alleged that she had been discriminated against because of her disability. A United States District Court in Virginia disagreed and dismissed the sheriff’s lawsuit.

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Filed Under: Disability Discrimination, Discrimination
October 11, 2017 by

Connecticut District Court Finds Officer Was Lawfully Suspended Following Racist and Sexist Comments

By: Loyd Willaford & Sarah Burke

In Koenig v. City of New Haven, a disabled police officer alleged he had been discriminated against after he was suspended with pay following racist and sexist remarks he allegedly made. The city argued that the suspension was not an adverse employment action and, even if it were, it was not done because of the officer’s disability. A United States District Court in Connecticut found the suspension was an adverse action, but that there was no evidence to show that the City suspended the officer because of his disability. The Court dismissed the officer’s claims.

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Filed Under: Discipline, Discrimination
October 5, 2017 by

Connecticut Correction Worker Who Suffered From Seizure Disorder Cannot Go Back To Work in Maximum Security Unit

By: Loyd Willaford & Sarah Burke

In Gardner v. Univ. of Conn. Health Ctr., a correctional facility social worker in Connecticut was terminated after she suffered a seizure while on duty and alone with an inmate.  The social worker argued that the termination was discriminatory and that the risk of day time seizures was low with medication. A United States District Court in Connecticut disagreed and held that the potential harm from another seizure was too great and therefore her termination was lawful.

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Filed Under: Disability Discrimination
September 14, 2017 by

Pennsylvania District Court: 911 Dispatcher Who Suffered From Stress Induced Anxiety Can Pursue ADA Claim Following Termination

By: Loyd Willaford and Sarah Burke

In Wilkie v. Luzerne Cnty., a former Pennsylvania 911 dispatcher was terminated after he failed to follow procedure and a caller died. The dispatcher had suffered from anxiety and alleged he was terminated due to his disability, and not for his failure to follow procedure. A United States District Court in Pennsylvania agreed, and held the dispatcher could pursue his claims against the County.

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Filed Under: Disability Discrimination, Discrimination
September 6, 2017 by

Wisconsin 911 Operator Who Was Terminated After Rotator Cuff Tear Can Pursue Claim Under ADA

By: Loyd Willaford and Sarah Burke

In Watt v. Brown County, a former 911 operator in Wisconsin was terminated following an injury to her rotator cuff. The operator sued, alleging she had been terminated in violation of the Americans with Disabilities Act. The County stated her termination was due to her exhaustion of short term disability and that the operator could no longer perform the essential duties of her job. The district court held that the operator could move forward with her claims against the County.

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Filed Under: Disability Discrimination, Discrimination
September 6, 2017 by

North Carolina Federal Court Dismisses Discrimination and Harassment Claims Made By Paramedic

By: Loyd Willaford and Brittany Torrence

In Wilson v. Gaston County,  the U. S. District Court of North Carolina  dismissed a discharged a Paramedic’s ADA discrimination and retaliation claims against Gaston County, where she could not show that her termination was discriminatory and that the County failed to respond appropriately to sexually harassing conduct she experienced from another employee.

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Filed Under: Discrimination
August 31, 2017 by

Former Louisiana Deputy’s ADA Claims Dismissed Because He Was Not Present At Work To Determine Whether His Disability Would Be Accommodated

By: Loyd Willaford & Brittany Torrence

In Moore v. Mancuso, the U. S. District Court of Louisiana dismissed a Calcasieu Parish Sheriff’s Office (CPSO)  deputy’s  claim that the CPSO did not accommodate his disability.

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Filed Under: Disability Discrimination, Discrimination
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