February 12, 2013 By

Court Finds School Liaison Officer Cannot Sustain Race Discrimination Lawsuit after Termination for Admitted Sexual Relationship with Former Student

By David E. Worley

In Hall v. Village of Flossmoor Police Department (116 FEP Cases 1209), an Illinois Federal Court threw out the lawsuit of a School Liaison officer who was fired after an admitted sexual relationship with an 18 year-old, recently graduated student. The officer ultimately admitted that it occurred and had included sex in the Department vehicle. The court determined his claim that his race played a role in the termination could not survive summary judgment when the evidence of misconduct was so apparent. [Read more...]

Filed Under: Discrimination, Race Discrimination
January 29, 2013 By

White Female Police Officer’s Race and Gender Discrimination Claim Survives Summary Judgment When Black Mayor Wants to Hire “His People”

By David Worley

In Zagaja v. Village of Freeport (116 FEP Cases 1227), the plaintiff’s claims of race and gender discrimination, survived summary judgment when she pleaded sufficient facts to indicate that the Mayor’s hiring of minority and male candidates (and demotion of herself), was based on race, and any other reasons were pretextual. [Read more...]

Filed Under: Discrimination, Gender/Pregnancy Discrimination, Race Discrimination
January 3, 2013 By

Implicit Reference to Racial Discrimination in Complaints Saves Trooper’s Retaliation Claim from Summary Judgment

By Kate Acheson

A trooper who complained numerous times of disparate treatment, filed suit after his eventual termination, claiming his employer violated Title VII by discriminating and retaliating against him due to his race.  In Reaves v. Pennsylvania State Police, the Pennsylvania District Court found, “although the evidence [was] rather tenuous,” enough material dispute of fact existed for the trooper’s retaliation claim to survive summary judgment and go to the jury.  The trooper’s other Title VII claim – for discrimination – lacked sufficient evidence and was rejected as a matter of law.

[Read more...]

Filed Under: Discrimination, Legal Rights, Race Discrimination
November 7, 2012 By

Retaliation Claim Viable: Hispanic Deputy Sheriff’s Nationality Questioned Immediately After Filing a Workplace Complaint

By Kate Acheson

The Colorado District Court refused to dismiss Hispanic, Deputy Sheriff Theresa Garcia’s retaliation, discrimination, and common law civil conspiracy claims in Garcia v. Arapahoe Cnty. Sheriff ’s Office, finding that these claims concerned genuine issues of material fact and could not be summarily dismissed. [Read more...]

Filed Under: Discrimination, Race Discrimination
October 5, 2012 By

Turning the Tables on Discrimination: Reverse Discrimination Making Headlines in the Wake of Ricci v. DeStefano Decision

By Cynthia McNabb

As suspected when the United States Supreme Court ruled in 2009, in the case of Ricci v. DeStefano, reverse discrimination cases among police and firefighters are in the headlines, with several verdicts reached favoring the plaintiffs who have brought reverse discrimination cases against their employers.

[Read more...]

Filed Under: Discrimination, Legal Rights, Race Discrimination
August 16, 2012 By

The U.S. Court of Appeals for the Second Circuit upholds Buffalo, New York’s Fire Department’s Use of an Examination to Determine Promotions

By Rick Gautschi

In M.O.C.H.A, Soc’y, Inc. v. City of Buffalo, Nos. 11-2184-cv and 10-2168-cv, July 30, 2012, 2nd Cir.,as permitted by a state statute, in late 1997, the City of Buffalo contracted with the state of New York’s Civil Service Department (CSD) to have the CSD develop an examination to be administered to fire fighters who sought promotions to the position of fire lieutenant. In response to the request, an associate personnel examiner at CSD spent approximately three years performing a job analysis of fire fighters at all ranks in departments across the state. [Read more...]

Filed Under: Race Discrimination