City Improperly Relied on Former Officer’s History of Mental Illness Rather than Her Current Mental Health Status to Reject Her Application

By Mitchell Riese and Mitchel Wilson

possible threatIn Nelson v. City of New York, the U.S. District Court for the Southern District of New York denied the City’s motion for summary judgment and permitted the plaintiff’s disability discrimination claim to go to trial. The Court reasoned that there was no clear evidence that the former officer could not perform the essential functions of the job and that the issue was proper for trial.

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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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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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Court Of Appeals For The Seventh Circuit Holds That A Police Officer Returning From Military Leave Was Entitled To Full Longevity Pay Under USERRA

By Jim Cline and Jordan L. Jones

USERRAIn DeLee v. City of Plymouth, the Court of Appeals for the Seventh Circuit held that a police officer returning from military leave was entitled to full longevity pay for his twelve years of employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The Court noted that the City’s of Plymouth’s “longevity benefit is more appropriately characterized as a reward for lengthy service rather than as compensation for worked performed the preceding year” and therefore protected by USERRA.

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Correctional Officer Fails to Find an Adequate Comparator to Support Racial Discrimination Claim

By Erica Shelley Nelson and Kasey Burton

Alabama_Department_of_CorrectionsIn Williams v. Ala. Dep’t of Corr., an Alabama District Court held that an African-American correctional officer failed to prove that he was terminated on the basis of race.  Even though the officer tried to show that the white officer was treated differently, the Court was not convinced the two officers were similarly situated.

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Deputy Sheriffs’ Retaliation Suit Claiming They Were Accused of Being Skinheads Dismissed

By Erica Shelley Nelson and Kasey Burton

false-reportsIn Cox v. Onondaga Cnty. Sheriff’s Dep’t, the Second Circuit Court of Appeals upheld the dismissal of retaliation complaints by white Deputy Sheriffs (located in the state of New York).  Even though the Deputies had set forth a prima facie case of retaliation, the Sheriff’s Department was able to demonstrate non-retaliatory reasons for its actions.  The Deputies were unable to rebut the Department’s non-retaliatory explanations with evidence of pretext.

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Federal District Court Denies Township’s Motion to Dismiss Pennsylvania Police Officer’s Employment Discrimination Complaint Following Active Duty with the Military

By Jordan Jones

userra-candidate-word-cloudIn Dubiak v. S. Abington Twp., the Court denied South Abington Township’s Motion to dismiss a police officer’s complaint that he was discriminated against in violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA) when he was not rehired following active duty with the Marine Corps.

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Ninth Circuit Rejects San Francisco County’s BFOQ Defense for Policy Excluding Male Corrections Officers from Supervising Female Inmates

By Erica Shelley Nelson

prison (1)In Anderson v. City & Cnty. of San Francisco, the Ninth Circuit reversed the granting of summary judgment to the San Francisco County on claims of sex discrimination, in its jail staffing policies. The court held that the County was unable to meet its burden in demonstrating that it was entitled to a “bona fide occupational qualification” (BFOQ) defense for a policy that excluded male corrections deputies from supervising female inmates.

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Demotion of North Carolina Female Detention Officer for Violation of Unwritten Policy Forbidding Presence of Opposite Sex While Inmates Shower

By Kasey Burton

Unwritten-Rules-HeaderIn Gethers v. Harrison, the U.S. District Court, Eastern District of North Carolina held that a sheriff’s office did not unlawfully discriminate on the basis of gender when it demoted a female detention officer. The female officer refused to leave the bathroom area while a male inmate was showering. Two other male officers were present, and the inmate was no longer agitated or presenting any sort of threat.  Consequently, the female officer’s presence was determined unnecessary and inappropriate.  During the course of the investigation following the demotion, the Sheriff concluded that Gethers was not truthful and subsequently terminated her on that basis.

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