Archives for August 2012

The U.S. Court of Appeals for the 11th Circuit Affirms Summary Judgment Dismissal of Former Probationary Female Corrections Officer

By Rick Gautschi

In Jeudy v. Attorney General, Department of Justice, No. 11-15838, Slip. Opinion, July 26, 2012, 11th Cir.,during her probationary period of employment, a pregnant corrections officer informed her employer that as the result of her pregnancy, she experienced severe pelvic pain caused by fibroids on her uterus. According to the officer, the severe pain limited her ability to walk, stand and climb stairs. She requested an accommodation in the form of being allowed to change her shift and work while seated. [Read more…]

Alaska Supreme Court Recognizes Union Member Privilege

By Jim Cline  

In a precedent setting case, Alaska has become one of the first states to formally recognize the legal privilege between a union and its members.   In Peterson v. State of Alaska  (2012), the Alaska Supreme Court has held that the communications between a represented employee and his union were privileged and inadmissible in court. [Read more…]

Ninth Circuit Reaffirms First Amendment Right of Public Employees to be Free of Retaliation

By Mitchell Riese

The Ninth Circuit Court of Appeals recently clarified the rights that public employees have to not be retaliated against by a supervisor for testifying in a deposition in the context of a civil rights lawsuit. In the case of Karl v. City of Mountlake  Terrace, Martha Karl  filed suit against the City of Mountlake Terrace and Assistant Chief of Police Pete Caw.  Karl was the Confidential Administrative Assistant to the Chief of Police. In 2008, she was subpoenaed to give deposition testimony in a federal civil rights lawsuit filed by former department Sgt. [Read more…]