April 22, 2015 by

Former New York Correctional Officer Can Bring Disability Discrimination Claim to Trial

By Reba Weiss and Brennen Johnson

Disability-Discrimination-120x120In Sherman v. County of Suffolk, a U.S. District Court determined that a former correctional officer presented legitimate allegations that the County of Suffolk, New York, discriminated against him based on his disability. In his lawsuit, the former officer alleged that the County discriminated against him based on a leg injury he sustained during training as a recruit. The County then filed a motion for summary judgment, arguing that there was no evidence to prove that discrimination was the reason that the former officer lost his job. Although the County convinced the Court that no medical evidence could support an inference that the Officer actually suffered from a disability, the Court concluded that reliable evidence suggested that the County still perceived him as disabled and fired him because of that perception.

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Filed Under: Disability Discrimination
April 16, 2015 by

Idaho Department of Corrections Found Not Liable for Sexual Assault Occurring Outside the Workplace

Erica Shelley Nelson and Brennen Johnson

factsIn Fuller v. Idaho Department of Corrections, a U.S. District Court granted summary judgment in favor of the Idaho Department of Corrections (IDOC), finding that it did not violate the rights of a former corrections officer. The female officer sued the IDOC, alleging sexual harassment and discrimination. Although the officer was assaulted and raped by a coworker, the IDOC was not liable when the assaults arose from the employees’ relationship outside the workplace and, upon learning of the incidents, the IDOC immediately began investigating the coworker, barred him from the premises, and ultimately recommended his termination.

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Filed Under: Gender/Pregnancy Discrimination
April 16, 2015 by

Police Officer Makes Plausible Claim That City Retaliated After He Won A Reverse Discrimination Case

By Erica Shelley Nelson and Brennen Johnson

corrupt mayorIn Smith v. City of Inkster, a U.S. District Court determined that a police officer stated a plausible claim against the City of Inkster, Michigan, and its Mayor and allowed the lawsuit to proceed to trial. In his lawsuit, the Officer claimed that the City retaliated against him by denying his application for disability benefits after he filed a lawsuit. After the City moved for a judgment against the Officer’s lawsuit before trial, the Court determined that the Officer had presented direct evidence supporting his claims and that he deserved to present his case at trial.

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Filed Under: Free Speech Rights, Race Discrimination
March 24, 2015 by

Chief Who was Fired after his Wife Ran for Mayor and Lost May Sue for Freedom of Association Infringement

By Mitchell Riese and Mitchel Wilson

private v publicIn motions before the trial court to dismiss for failure to state a claim, the U.S. District Court for the Northern District of Alabama, in Allred v. City of Carbon Hill, denied the motions and permitted Allred’s claims to go to trial.

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Filed Under: Association Rights
March 11, 2015 by

Recent Blog Articles of Note

By Jim Cline

eye spyWe are following other Labor and Employment Law Blogs on the Web and will bring to your attention some other articles worth reading. Here are some other articles we think are worth a look:

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Filed Under: Legal Rights
March 6, 2015 by

Inexplicable Flip-Flop: Park Ranger Gender Discrimination and Retaliation Charges Proper for Trial when Female Supervisor Decided to Fire Her Two Weeks after Her Sexual Harassment Complaint against Male Supervisor

By Mitchell Riese and Mitchel Wilson

flipIn Vicino v. Maryland Department of Natural Resources, the U.S. District Court for the District of Maryland denied the defendant employer’s motion for summary judgment because the plaintiff park ranger had sufficiently alleged sexual discrimination. The Court determined that material facts for a jury existed and that summary judgment was improper.

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Filed Under: Gender/Pregnancy Discrimination
March 6, 2015 by

Court Dismisses Female Police Officer’s Sex-Based Discrimination Lawsuit Against Florida Police Department For Failing To Provide A Suitable Female Changing Room

By Erica Shelley Nelson and Brennen Johnson

Sexual-Harassment-DefenseIn Melendez v. Town of Bay Harbor Islands, a U.S. District Court dismissed a female police officer’s lawsuit for sex-based discrimination against the Police Department of Bay Harbor Islands, Florida. The Officer brought the lawsuit claiming that the Police Department engaged in sex-based discrimination by failing to provide suitable changing areas for female employees. In a summary judgment proceeding, the Court explained that the Officer failed to allege facts sufficient to show that any actions taken by the Police Department were motivated by sex-based discrimination. Although the Officer failed on her sex-based discrimination claim, the Court explained that the Police Department might still be liable for creating a hostile work environment towards women.

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Filed Under: Discrimination, Gender/Pregnancy Discrimination
March 5, 2015 by

Can’t Cock his Glock: Career Officer Cannot Show Age Discrimination Where He Failed to Qualify with his Baton and Firearm

By Mitchell Riese and Mitchel Wilson

gun and batonIn Otto v. City of Newport, a former police officer alleged his employer discharged him because of his age, but the Eastern District of Kentucky granted the defendant employer’s motion for summary judgment because there “is no evidence that the Plaintiff was qualified for the position, and there is no direct evidence of the Defendant’s discriminatory intent.”

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Filed Under: Age Discrimination
March 5, 2015 by

Court Dismisses Female Firefighter’s Retaliation Claim Against the City Because She Could Not Demonstrate the City Took Adverse Employment Actions Against Her

By Erica Shelley Nelson and Brennen Johnson

dismissalIn Burns v. City of Utica, the Second Circuit U.S. Court of Appeals affirmed the dismissal of a female firefighter’s lawsuit against the City of Utica, New York. The Firefighter claimed in her lawsuit that the City had retaliated against her for reporting an incident of sexual assault by denying her application for disability benefits. After reviewing a U.S. district court’s decision to dismiss the Firefighter’s lawsuit, the Court of Appeals determined that the dismissal was warranted where the Firefighter failed to show that any negative consequences stemming from the denial of her disability application was attributable to the City.

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Filed Under: Free Speech Rights
March 3, 2015 by

City Improperly Relied on Former Officer’s History of Mental Illness Rather than Her Current Mental Health Status to Reject Her Application

By Mitchell Riese and Mitchel Wilson

possible threatIn Nelson v. City of New York, the U.S. District Court for the Southern District of New York denied the City’s motion for summary judgment and permitted the plaintiff’s disability discrimination claim to go to trial. The Court reasoned that there was no clear evidence that the former officer could not perform the essential functions of the job and that the issue was proper for trial.

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Filed Under: Disability Discrimination
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