Archives for August 2016

Court Holds Alabama Fire Chief Who Raised Possibility of Discriminatory Motivation Covered by ADA Despite Direct Violations of Work Rules

fire putter outBy Mitchell Riese and Mathias M. Deeg

In Green v. Pike Rd. Volunteer Fire Protection Authority, the U.S. District Court, Middle District of Alabama upheld a Fire Chief’s claim of disability discrimination despite the existence of non-discriminatory reasons for his termination. The Court found that the employer’s comments about the Fire Chief’s past drug and alcohol use cast enough doubt on the stated motivation for his termination to send the case to trial.

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Illinois Police Commander Unable to Perform the Essential Functions of Job Cannot Sue for Disability Discrimination

back injury

By Mitchell Riese and Mathias M. Deeg

In Briscoe v. Village of Vernon Hills, the U.S. district Court for the Northern District of Illinois held that that a former Police Commander that was unable to perform the essential functions of his job with or without reasonable accommodation by Vernon Hills could not prevail on a claim of disability discrimination. The court found that the Commander’s inability to work removed him from the protection of the ADA.

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Arbitrator Finds No Just Cause For Disciplining Seattle Dispatcher Over Call, But Upholds Discipline Anyway based on Separate Charge

911_Telecommunications_DispatcherBy Jim Cline and Sarah Derry

In Seattle Police Dispatchers’ Guild, Arbitrator Jeff Minckler determined that although the Seattle police department lacked just cause to discipline a dispatcher for a call, the other call over which he was disciplined was sufficient to uphold the punishment.

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No Discipline For Port Orchard Detective Who Mishandled Evidence When His Mistake Did Not Cause The City’s Seven Year Delay In Case Investigation

mdicaalBy: Jim Cline and Sarah E. Derry

In Port Orchard Police Guild, Arbitrator James Lundberg found that a detective, who received a written reprimand for mishandling a cheek swab seven years before, was disciplined without just cause. The Arbitrator reasoned it was an old mistake, and that disciplining him now “serves no reasonable purpose.”

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Arbitrator Finds That Chelan County Did Not Have Just Cause To Terminate A 19-Year Veteran Sergeant And That It’s Investigation Was “Neither Thorough Nor Was It Unbiased”

seargentBy: Jim Cline and Jordan L. Jones

In Chelan County, Arbitrator James A. Lundberg found that Chelan County did not have just cause to terminate a 19-year veteran Sergeant and ordered that he be reinstated with back pay as part of the decision’s “make whole” remedy. In a case handled by the Cline and Casillas firm, Lundberg rejected the County’s argument that Sergeant had “lied,” noting that the County overlooked many holes in its case.

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