By Emily Nelson

Ruby Maes, a former corrections officer at the City of Española Detention Facility, sued the City and the Detention Facility’s Director for disability discrimination, alleging that it refused to provide a reasonable accommodation for her disability, responding to her request telling her that her health issues were “your problem.”  The City filed a motion for summary judgment, arguing that Maes’s medical conditions (depression, severe insomnia, and migraines) did not qualify as a “disability” because the inability to sleep does not “substantially limit a major life activity,” under the ADA.  The federal district court of New Mexico disagreed with the City, finding, among other things, that such conditions do qualify as a disability, and allowed Maes to proceed with her discrimination claims. [Read more…]

In Moore v. County of Camden, 20 WH Cases 2d 1369 (D.N.J. 2013), a New Jersey federal district ruled declined to dismiss and set for trial a Dispatch Managers Claim that he was retaliated against after he presented his health issues.

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By Mitchel Wilson

In Bridgeforth v. Jewell, the court granted the United States Park Service, summary judgment because police officer Wayne Bridgeforth’s claims of retaliation were too speculative for trial. The DC Circuit Court of Appeals found insufficient evidence linking the denial of Bridgeforth’s time off award with his “protected activity” of having filed a discrimination claim.

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By David Worley

A District of Columbia federal court dismissed a Capitol Police Officer’s FMLA interference and retaliation claims in Gordon v. U.S. Capitol Police, 20 WH Cases2d 453 (D.D.C. 2013), when she could provide no evidence that her employer denied her FMLA benefits (interference) and no evidence that she experienced and adverse employment action because of her use of her FMLA rights (retaliation).  Despite an angry supervisor’s response to her request, the court found insufficient evidence of an “adverse action.”

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By David Worley

In Lee v. District of Columbia, 27 AD Cases 895 (D.D.C. 2013),  a District of Columbia Federal District Court found that a diabetic corrections worker had valid claim under the ADA when he was fired for falling asleep on the job, but had been denied a regular meal break and therefore could not manage the symptoms of the disease.  These symptoms included dizziness, fainting or sudden fatigue resulting in falling asleep.  The court found that because an employer accommodation was necessary for Lee to be able to perform the essential functions of the job, he was in fact disabled in the meaning of the ADA.  [Read more…]

David Worley

In 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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