Archives for February 2015

Vet with PTSD May Bring Disability Discrimination Claim Under the Rehab Act for Not Being Hired by Border Patrol

By Mitchell Riese and Mitchel Wilson

PTSDIn Maish v. Napalitano, U. S. District Court for the Western District of Washington denied the Border Patrol’s motion for summary judgment and permitted a Border Patrol applicant’s disability discrimination claims to go to trial. The Court concluded the applicant, Maish, had a viable claim under the federal Rehabilitation Act for disability discrimination when the Border Patrol failed to hire Maish after learning of his mental illness.

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Dispatcher with Plausible Disability Who Offers Little to No Evidence to Establish She is Disabled is Denied Trial for ADA Claim

By Mitchell Riese and Mitchel Wilson

bonesIn Felkins v. City of Lakewood, the U.S District Court of Colorado addressed cross motions for summary judgment and granted defendant’s motion, thereby dismissing plaintiff’s case.  The Court ruled that she did not establish that she was disabled.

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Ohio Appeals Court Vacates Arbitrators Award that Reinstated Firefighter with Asthma

By Jim Cline and Jordan L. Jones

blown-candleIn City of St. Marys v. Fire Fighters Local 3633, the Ohio Court of Appeals vacated an arbitrator’s award which had reinstated an asthmatic firefighter. The arbitrator had found that the party’s fitness testing language had not been complied with but the Court determined that the arbitrator exceeded his authority in reaching that result.

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Lieutenant Suffering from On-the-Job Knee Injury May Bring Claim to Trial where it is Unclear if Patrolling is an Essential Function of his Position

By Mitchell Riese and Mitchel Wilson

DisabilityDiscrim2wheelchairIn DeStefano v. City of Philadelphia, the Court dismissed cross motions for summary judgment, concluding that Orlando DeStefano’s disability discrimination claims under the federal Rehabilitation Act may go to trial for a knee injury when the issue is whether patrolling is part of a lieutenant’s essential functions.

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