Archives for November 2016

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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