By: Loyd Willaford and Matt Baker

In Itzhaki v. Port Auth. of N.Y & N.J., a port authority public safety officer claimed that she was discriminated against on the basis of an injury sustained at work. The officer alleged that she would have been promoted to sergeant but for her injury.  The Port Authority moved for summary judgement and argued that her injury precluded her from being on the job and therefore that she couldn’t perform the essential functions of the job. The U.S. Federal Court for the Southern District of New York agreed and granted the Port Authority’s motion.

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By: Cynthia McNabb and Clive Pontusson

In Reeder v. Carter, a recruit with the Indiana State Patrol brought suit in federal district court alleging that he had been discriminated against on account of his disability. Dillon Reeder had begun the ISP Recruit Academy and performed well, but was diagnosed with Diabetes and had to be hospitalized. During his treatment, the State Patrol made efforts to accommodate his condition, including special meals and reduced physical activity. However, the Patrol believed that Reeder could not complete the training program.  Further, Reeder did not complete all of the coursework as part of the training program while he was in the hospital and when he was released from the hospital but not allowed to perform full-duty physical activities. As a result, Reeder was dismissed from the Academy. He was given the option of attending the Academy the following year, and also given the option of accepting a civilian job with the Patrol as a dispatcher. Reeder refused both offers. He filed a lawsuit under the Americans with Disabilities Act, claiming that the State Patrol had not done enough to accommodate his condition. The court disagreed, and found that the Patrol had done everything required by the law to attempt to accommodate Reeder’s disability. The court therefore dismissed Reeder’s lawsuit.

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By: Cynthia McNabb and Clive Pontusson

In a case that was decided on summary judgment, the federal court for the Northern District of Illinois ruled that the City of Chicago did not fail to accommodate or discriminate against Plaintiff, a fire paramedic in violation of the Americans with Disability Act (ADA).  Specifically, the Court ruled that the Plaintiff, a fire paramedic with chronic Bell’s palsy employed by the City of Chicago, had failed to show that discrimination was the cause of her being sent to three fit-for-duty evaluations and being placed on involuntary leave.

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By: Cynthia McNabb and Clive Pontusson

In Jeannot v. Philadelphia Housing Authority, a federal court in Pennsylvania dismissed the lawsuit of a Police Officer who sued his employer under the Americans with Disabilities Act for retaliating against him because he had a disability. The Court dismissed Jeannot’s lawsuit because he did not prove that he had a disability that would qualify for protection under the Americans with Disabilities Act.

Jeffrey Jeannot had been a Police Officer with the Philadelphia Housing Authority for several years. While on patrol with another Officer, Jeannot stopped into a pharmacy to fill a prescription for Adderall. Jeannot was prescribed Adderall by his doctor “so that he could maintain focus necessary for him to perform his duties as a police officer.” Jeannot had previously informed his supervisor that he took Adderall, however had not articulated to his supervisor that such use was for a specific medical condition.  Jeannot had also not requested any form of accommodation under the ADA Later, Jeannot’s superiors apparently became suspicious, and required him to submit to a drug test. Jeannot was then suspended from his job for drug use. He filed a lawsuit under the Americans with Disabilities Act. He argued that his concentration issues were a condition that qualified as a disability, that he was nevertheless qualified to be a police officer, and that his employer suspended him because he was disabled. [Read more…]