By Mitchel Wilson

The District Court in Crowell v. Denver Health, (2013) allowed a discharged Colorado paramedic dispatcher’s FMLA and ADA claims to go to trial on cross motions but dismissed her claim for retaliation when the employees’ absences place her in violation of the employer’s “Excessive Absenteeism” policy.

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By David Worley

In Furtado v. State Personnel Board, 34 IER Cases 1585 (Cal. Ct. App. 2013), the court upheld a medical demotion of a California Correctional Lieutenant to a support position who was deemed unable to perform the physical aspects of the peace officer job after he failed the baton handling test.  A California Government Code barred waiving physical requirements of peace officer jobs, the court held that, and the Lieutenant’s request to be transferred to an “Administrative Lieutenant” position was functionally a request to have those requirements waived, as all corrections officers must be able to perform the physical requirements.

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By David E. Worley

In Keseker v. Marin Community College District (27 AD Cases 421 (N.D. Cal. 2012)), the California Federal District Court refused to dismiss a lawsuit brought by a former police officer who claimed he was unfairly forced to retire because of an anxiety disorder that made him not fit for duty.  He claimed the employer violated the ADA in failing to provide him with reasonable accommodations, failing to engage in the interactive process, wrongful termination, and discriminating against him based on his disability.  [Read more…]

By David E. Worley

In Wardia v. Justice & Pub. Safety Cabinet Dep’t of Juvenile Justice, (27 AD Case 385 (6th Cir. 2013), the  Sixth Circuit Federal Court of Appeals granted summary judgment on a failure to accommodate claim of a former juvenile detention worker who was physically unable to perform a restraint on an inmate.  Because the ability to physically restrain, while rarely used, is an essential function of the job, the plaintiff’s request to have other more physically capable employees perform restrains, the court ruled, was unreasonable.  Further, the plaintiff’s request to be put on a light duty monitoring position, the court concluded, was unreasonable, as that position is rotating and temporary, and the ADA does not require converting a temporary position to a permanent one for the sake of accommodating a disability.

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By David Worley

In Dove v. Community Education Centers, a Pennsylvania federal district court held that a terminated corrections officer could proceed with his retaliation claim, when he was terminated after he had requested leave for his symptoms of depression.  The court also upheld an interference claim against the employer for not informing him of his available FMLA leave.  While the court was not deciding the merits of the claims, it was deciding, upon a summary judgment motion, whether the claims were sufficient to proceed to a trial. [Read more…]

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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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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