Wisconsin Supreme Court Rejects Loudermill Argument and Upholds Termination of Police Officer Fired for Racist Facebook Posts About NBA Players

By Jim Cline and Peter Haller

In Andrade v City of Milwaukee, the Wisconsin State Supreme Court ruled that a police officer fired for making racist comments on Facebook was not entitled to getting his job back because of an alleged pre-termination due process violation. The Court reasoned that the officer was entitled to notice of the charges against him, but not to all the information related to factors involved in determining the level of discipline imposed.

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Sixth Circuit Denies Ohio Deputy Sherrif’s ADA Discrimination Claim After Flunked Weed Test and Prescription Abuse Plays Role in His Termination

By Jim Cline and Peter Haller

In Maxson v Baldwin, an Ohio deputy sheriff sued his ex-Employer after he was discharged following a guilty plea to the misdemeanor of attempting to illegally fill an opioid prescription and testing positive for marijuana. The lawsuit alleged that the Employer discriminated against him by failing to accommodate him under the Americans with Disabilities Act.

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Federal Eleventh Circuit Rules Repeated Misgendering Transgender Georgia Corrections Lieutenant Gave Rise to Hostile Work Environment

By Jim Cline and Peter Haller

In Copeland v. Georgia Department of Corrections, the 11th Circuit Court of Appeals ruled that a transgender male corrections officer demonstrated that he suffered intentional and repeated misgendering in the workplace. These facts were sufficient to give rise to a hostile work environment claim.

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Cambridge, Massachusetts Officer Disciplined for George Floyd Facebook Post Loses Free Speech Court Battle

By Jim Cline and Peter Haller

In Hussey v Cambridge, a police officer sued after he was suspended for four days without pay following a Facebook post he made criticizing a police reform bill named after George Floyd. The Court held that the officer’s First Amendment rights were not violated because the officer’s right to free speech was outweighed by the City’s interest in promoting community trust.

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Court of Appeals Orders the Reinstatement of Two Illinois Officers Who Were Fired for Whistleblowing About their Chief

By Jim Cline and Peter Haller

 In Noon v. Smedley,the Federal 8th Circuit Court of Appeals ordered that two Illinois police officers be reinstated after they had been fired in retaliation for expressing negative sentiments about the chief of police. The court held that the officers’ speech was protected under the first amendment.

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US District Court Rules Regular Attendance, Cooperation to be Necessary Qualifications for Indianapolis Fire Department Firefighters, Rejects Former Employee’s Disability Suit

By Cynthia McNabb and Kim Lowe

In Neal v. Indianapolis Fire Department, a District Court judge ruled that there was no merit to a claim by a former employee that he was discriminated against on the basis of his disability when he was terminated for poor attendance.

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Prospective Firefighter Unable to Overcome Obstacles in Disability Suit

By Jim Cline and Mark Anderson

In Frost v. City of Philadelphia, a Philadelphia court denied a trial for Plaintiff Frost’s claims that the City discriminated against him by refusing to admit him to the Fire Academy and then firing him because of his disability.

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Tennessee Court Upholds Police Officer’s First Amendment’s Free Speech Rights

By Jim Cline and Mark Anderson

In Bagby v. City of Morristown, a Tennessee court ordered a trial for Officer Bagby’s claim that the City of Morristown Police Department violated his freedom of speech by firing him in retaliation for comments he made at a City Council meeting.

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Illinois Court Holds Inconsistent Discipline Standards can be a Basis for Race Discrimination Lawsuit

By Mark Anderson and Katrina Thornton

In Levy v. Wilkie, an Illinois court of appeals ordered a trial of an African American police officer’s race discrimination lawsuit.  Levy worked as a police officer at the Hines VA Hospital.   The court found that inconsistent discipline practices raised a jury question on whether Levy had been subject to racial discrimination.

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Federal Court in Illinois Throws Out Black Probation Officer’s Race Discrimination and Union Retaliation Claim Based on Denial of His Request for a Schedule Change

By Mark Anderson and Katrina Thornton

In Smith v. Cook County, an Illinois court dismissed an African American probation officer’s lawsuit claiming the County denied his request for an adjusted schedule because of his race and active participation in his labor union. The court dismissed Officer Jason Smith’s lawsuit,  finding that neither Smith’s race nor his union activity was the basis for the employer’s denial of his request to adjust his schedule.

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