Disabled Deputy Sheriff in Virginia Was Not Discriminated Against By Losing Out on Open Job Position to More Qualified Individual

By: Loyd Willaford and Sarah Burke

In United States v. Woody, a former deputy sheriff was unable to perform her job after being diagnosed with a heart condition and asked for a transfer to a different position. A position opened but the deputy sheriff was not the most qualified applicant and did not receive the job. The deputy sheriff sued and alleged that she had been discriminated against because of her disability. A United States District Court in Virginia disagreed and dismissed the sheriff’s lawsuit.

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Connecticut Correction Worker Who Suffered From Seizure Disorder Cannot Go Back To Work in Maximum Security Unit

By: Loyd Willaford & Sarah Burke

In Gardner v. Univ. of Conn. Health Ctr., a correctional facility social worker in Connecticut was terminated after she suffered a seizure while on duty and alone with an inmate.  The social worker argued that the termination was discriminatory and that the risk of day time seizures was low with medication. A United States District Court in Connecticut disagreed and held that the potential harm from another seizure was too great and therefore her termination was lawful.

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Pennsylvania District Court: 911 Dispatcher Who Suffered From Stress Induced Anxiety Can Pursue ADA Claim Following Termination

By: Loyd Willaford and Sarah Burke

In Wilkie v. Luzerne Cnty., a former Pennsylvania 911 dispatcher was terminated after he failed to follow procedure and a caller died. The dispatcher had suffered from anxiety and alleged he was terminated due to his disability, and not for his failure to follow procedure. A United States District Court in Pennsylvania agreed, and held the dispatcher could pursue his claims against the County.

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Wisconsin 911 Operator Who Was Terminated After Rotator Cuff Tear Can Pursue Claim Under ADA

By: Loyd Willaford and Sarah Burke

In Watt v. Brown County, a former 911 operator in Wisconsin was terminated following an injury to her rotator cuff. The operator sued, alleging she had been terminated in violation of the Americans with Disabilities Act. The County stated her termination was due to her exhaustion of short term disability and that the operator could no longer perform the essential duties of her job. The district court held that the operator could move forward with her claims against the County.

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Former Louisiana Deputy’s ADA Claims Dismissed Because He Was Not Present At Work To Determine Whether His Disability Would Be Accommodated

By: Loyd Willaford & Brittany Torrence

In Moore v. Mancuso, the U. S. District Court of Louisiana dismissed a Calcasieu Parish Sheriff’s Office (CPSO)  deputy’s  claim that the CPSO did not accommodate his disability.

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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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District Court in Louisiana Finds Police Department Sick Leave Policy Too Broad

By: Loyd Willaford and Sarah Burke

In Taylor v. City of Shreveport, a group of Shreveport, Louisiana police officers sued their Shreveport Police Department (“SPD”) after they were required to submit detailed doctor’s notes after two days of sick leave. The SPD countered that the policy was necessary to determine fitness for duty. The District Court ruled that a jury could find that the policy was overly-broad and the SPD did not have a valid business reason to require it.

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Court Dismisses Former Georgia Police Officer’s Claims that Department’s Failure to Transfer Him Were Discriminatory

By: Loyd Willaford and Brittany Torrence

In Pasqualetti v. Unified Gov’t of Athens-Clarke County, the U.S. District Court of Georgia dismissed a former police officer’s claims that the Athens-Clarke County Police Department discriminated against him based on its perception that he suffered from a mental disability and that the Department retaliated against him when he filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC).

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Reading, PA Police Officer’s “Stress Leave” Not Enough To Imply a Disability Under the Rehabilitation Act

By: Loyd Willaford and Mathias Deeg

In Cortazzo v. City of Reading, the U.S. District Court of the Eastern District of Pennsylvania ruled that a Reading police officer’s “stress leave” did not qualify as a declared disability under the Rehabilitation Act.  The Court also ruled that by maintaining disciplinary actions already in place, the City did not engage in any adverse employment actions in response to the officer’s leave.

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Former New York Police Officer Cannot Sue for Disability Discrimination Without Clear Record of Substantial Impairment

By: Loyd Willaford and Mathias Deeg

In Hensel v. City of Utica, the U.S. District Court for the Northern District of New York ruled that a former police officer’s claim of disability discrimination against the City of Utica could not proceed because he had failed to show that his claimed disabilities impaired his major life activities.

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