By Kate Acheson
Plaintiff Tracy Joyner, a New York City Corrections Officer, filed suit against the City of New York for discrimination and retaliation in violation of Title VII after her supervisor made repeated sexual advances towards her. In Joyner v. City of New York, the District Court dismissed all federal claims, finding that, although Ms. Joyner was sexually harassed, the City is not liable because Ms. Joyner waited over a year before reporting the harassment. [Read more…]
By Kate Acheson
A police officer’s claim, that his discharge was due to “anti-union animus,” in violation of his freedom of association, was recently dismissed by Colorado District Court in Cillo v. City of Greenwood Village. The Court found that the discharge was properly motivated by the officer’s misconduct, which violated a suspect’s constitutional rights and department policy, not by any anti-union animus. [Read more…]
By Kate Acheson
In Cincinnati State, 130 LA 1205 (Heekin, 2012), a Campus Police Officer was terminated for “very poor judgment” after pursuing a reckless driver on campus, while driving her own private, unmarked vehicle. The Officer disputed the termination, claiming no just cause existed. The arbitrator agreed and directed the Officer’s immediate reinstatement with back pay, seniority, and benefits.
By Kate Acheson
The Colorado District Court refused to dismiss Hispanic, Deputy Sheriff Theresa Garcia’s retaliation, discrimination, and common law civil conspiracy claims in Garcia v. Arapahoe Cnty. Sheriff ’s Office, finding that these claims concerned genuine issues of material fact and could not be summarily dismissed. [Read more…]
By Kate Acheson
In City of Tulsa, 130 LA 1163 (Williams, 2012), the Tulsa Police Department terminated an officer for bringing a domestic violence victim to his home. The Arbitrator agreed with the Union’s argument, that the termination was too harsh, based on other Department discipline measures and the officer’s good record.
By Jim Cline
We are following other Labor and Employment Law Blogs on the Web and will bring to your attention some other articles worth reading. Listed below, are some articles we think are worth a look:
This article on 9th Circuit decision Dahlia v. Rodriquez criticizes a narrow Supreme Court interpretation of “official duties” exception to First Amendment protection set forth in Garcetti v. Ceballos
This article discusses recently released EEOC Guidelines that suggests that Title VII Discrimination rules barring discrimination, can be extended to harassment or discrimination against victims of domestic violence, or stalking.
New Jersey May Become Fourth State to Limit Access to Employee Social Media Accounts
This short article discusses proposed New Jersey Senate bill and identifies that Maryland, Illinois and California have already adopted laws limiting employer’s ability to access social media accounts.
By Kate Acheson
The Employment Relations Board of the State of Oregon (“ERB”) found in UP-023-12 that the City of Portland violated state law by refusing to implement Arbitrator Wilkenson’s award reinstating Officer Ronald Frashour. The ERB ordered the City to comply with the arbitrator’s award and to post notices of its violation due to its “calculated” avoidance. [Read more…]
By Kate Acheson
In Central State University, 130 LA 1351 (Bell, 2012), Arbitrator Langdon Bell was precluded from awarding monetary damages against Central State University for a violation of their collective-bargaining agreement (“CBA”) with their security officers because the union did file a written request for a specific remedy. Thus, although a violation with associated monetary damages was properly alleged, the Arbitrator could only direct the University to adhere to the CBA staffing guidelines in the future. [Read more…]
