District Court Rules that Diabetic Illinois State Trooper No Longer Able to Perform “Essential Functions of the Job”

By: Loyd Willaford and Sarah Burke

In Kirincich v. Ill. State Police, a former Illinois state trooper argued she was wrongfully terminated after she suffered a diabetic episode on duty and crashed her patrol car. A federal district court in Illinois disagreed, finding that the trooper could no longer perform the essential functions of her job and the department had fulfilled its duty to accommodate her disability.

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King County Corrections Officer Who “Looks Good For Her Age” May Pursue Her Sexual Harassment Claim

By: Loyd Willaford and Sarah Burke

In Coleman-Askew v. King County, a King County female corrections officer alleged she was sexually harassed after her supervisor, Captain Hardy, followed her to the gym and made comments about how she “looked good for her age.”  The corrections officer sued, alleging these comments caused her to request a transfer to a different department and resulted in a loss of workplace benefits. The department alleged these comments were not sexual in nature and therefore did not constitute sexual harassment. The United States District Court in Western Washington agreed with the officer and found that she could pursue her claims against the department.   The District Court did dismiss some of the officer’s claims, specifically those against Captain Hardy’s supervisor.

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Can’t Cock his Glock: Career Officer Cannot Show Age Discrimination Where He Failed to Qualify with his Baton and Firearm

By Mitchell Riese and Mitchel Wilson

gun and batonIn Otto v. City of Newport, a former police officer alleged his employer discharged him because of his age, but the Eastern District of Kentucky granted the defendant employer’s motion for summary judgment because there “is no evidence that the Plaintiff was qualified for the position, and there is no direct evidence of the Defendant’s discriminatory intent.”

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Invoking Public Safety Employer Exemption in ADEA, City of Cleveland Permissibly Forces Police Officers Aged 65+ into Retirement during Budget Crisis

By Mitchel Wilson

IRetirement 1n Sadie v. City of Cleveland, 118 FEP Cases 1104 (6th Cir. 2013), the appellate court upheld the lower court for dismissing the suit of a group of former Cleveland police officers who were not retained after age 65.  Their suit alleged that the City’s mandatory retirement program violated the Age Discrimination in Employment Act (ADEA), an Ohio discrimination statute, and equal protection of the 14th Amendment.

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