Mandatory Overtime May Not be Essential Function of Michigan Police Officer’s Job, Might Be Open to Reasonable Accommodation

disabilityBy Mitchell Riese and Mathias Deeg

In Reeder v. County of Wayne, the U.S. District Court for the Eastern District of Michigan held that a Wayne County police officer diagnosed with depression and anxiety could proceed with a claim against the county alleging that it wrongfully discharged him—in violation of the Americans with Disabilities Act—for refusing to work mandatory overtime.

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Unqualified Virginia Firefighter Cannot Sue for Reasonable Accommodation or Wrongful Termination Under ADA

firefighterBy Mitchell Riese and Mathias Deeg

In Craft v. Fairfax County Government, the U.S. District Court for  the Eastern District of Virginia held that a Fairfax County firefighter could not bring a disability discrimination claim of either wrongful termination or failure to accommodate  because he was unable to show he was a “qualified individual” under the Americans with Disabilities Act.

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Seventh Circuit Finds Illinois Deputy Sheriff Was Retaliated Against After Termination for Moonlighting

free-speechBy Erica Shelley Nelson and Sarah Burke

In Yahnke v. Kane County, an Illinois deputy sheriff was terminated after he continued to hold a second job despite being asked to discontinue the work. The deputy sheriff believed the termination was due to his potential run for Sheriff and his political affiliation. The Seventh Circuit agreed, finding the deputy sheriff was entitled to a trial.

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Pennsylvania District Court Finds Correctional Officer Who Violated Legitimate Rule Can Move Forward With Claim of Race Discrimination

credit-cardBy Erica Shelley Nelson and Sarah Burke

In McWilliams v. Cmty. Educ. Ctrs., Inc., an African American correctional officer was terminated for violating a fraternization policy after he helped an inmate deposit money into his prison account. The officer alleged the termination was racially discriminatory and that the prison had allowed a hostile work environment. The U.S. District Court in Pennsylvania found that the officer had established a disparate treatment claim by alleging his punishment was not comparable to white officers who had broken the same rule and the office had established a hostile work environment claim by alleging black officers were subjected to pictures of nooses.

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Deputy Who Allegedly Sexually Harassed Colleague Wins Job Back Because Workplace Was Generally Inappropriate

sopBy Erica Shelley Nelson and Sarah E. Derry

In Island County Deputy Sheriff’s Guild, Arbitrator Gary Axon found that the Employer, Island County, lacked just cause to terminate a deputy sheriff who had 13 years on the job for sexually harassing a coworker.  He instead ordered a 30-day suspension and a final warning notice that future sexual harassment will result in termination.

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Arbitrator Rules Despite the Numerous Grievances Officer’s 23 Year Discipline Free Record Outweigh Other Concerns In Overturning Portland Police Captains Indefinite Demotion

portlandBy Jim Cline and Geoff Kiernan

An arbitrator found that while a Portland police captain committed the numerous offenses at issue during the grievance hearing, the city did not have just cause for the indefinite demotion of the officer.  Given the Police Captain’s 23 year history without discipline and the fact that the officer was in counseling to address some of the issues, the arbitrator found that a 60-day suspension was more appropriate.

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Arbitrator Rules That Illegal Use Of Methadone Makes Nevada Officer Unfit For Duty

pillsBy Jim Cline and Geoff Kiernan 

In City of Sparks, an arbitrator ruled that while the Nevada city had improperly denied an Officer access to an attorney during an investigation, the city still had just cause to terminate him when he voluntarily consented to a drug test, which later tested positive for Methadone.  Furthermore, the arbitrator found that fact two months after his termination the officer was still illegally abusing methadone confirmed that he was still unfit for light duty.

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Arbitrator Find Just Cause For Discipline Of Off Duty Ohio Police Officer Who Chases, Detains, and Yells at Teens TPing His House

toiletpapier_gobran111By Jim Cline and Geoff Kiernan 

In the City of Piqua, an Ohio Arbitrator found just cause for the discipline of an off-duty police officer who violated several departmental policies in an attempt to “catch” the teens who toilet papered his house. The arbitrator held that while the officer was within his rights to chase after the perpetrator, he nevertheless went beyond his legal authority and disobeyed the orders of on-duty police officers on the scene.

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Arbitrator Reinstates but Demotes Island County Corrections Supervisor. Who Was Terminated Following Jail Death: Finds Jail’s Rules Were a “Train Wreck”

gavelBy Jim Cline and Sarah E. Derry

In Island County Deputy Sheriff’s Guild, Arbitrator Gary Axon ordered that a Corrections Lieutenant be reinstated, but demoted to Officer. Arbitrator Axon held that the Sheriff terminated the Lieutenant without Just Cause because she was fired for not following rules that the Jail management had never implemented and that would have been impossible to follow as written.

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Indiana District Court Finds Jailer Was Not Retaliated Against For Taking FMLA Leave Because She Never Returned To Work


cultureBy: Mitchell Riese and Sarah Burke

In McMillion v. Mollenhauer, a former jailer brought a claim against an Indiana Sheriff’s Office alleging race discrimination because she was demoted from corporal, was not paid for her FMLA leave and was wrongfully terminated. The district court granted the Sheriff’s Office summary judgment because the jailer never returned to work after her FMLA leave expiredThe court also rejected the demotion claim because no pay was attached to that position and all other officers had had the title of corporal removed.

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