Archives for July 2015

July 29, 2015 By

D.C. Corrections Officer’s Diabetes Was Not A Disability Under The ADA Because It Was Not “Substantially Limiting”

By Reba Weiss and Harrison Owens

yes or noIn Coleman-Lee v. Government of the District of Columbia, a U.S. Court of Appeals affirmed a D.C. District Court’s dismissal of a correctional officer’s lawsuit for disability discrimination.  In his complaint, the correctional officer argued that he was discriminated against when he was terminated for falling asleep on the job, which he claimed was caused by his diabetes.  The jury found that the officer was not disabled within the ADA’s definition, as he did not show that he could not have controlled his diabetes.  The Court of Appeals affirmed the jury’s decision, as his case was not appealed correctly.

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Filed Under: Disability Discrimination
July 22, 2015 By

Michigan African-American Officer’s Racial Discrimination Claim Barred After He Was Terminated For Fraudulently Issuing Traffic Ticket

By Erica Shelley Nelson and Harrison Owens

RacialDiscriminationPaperDollsIn Burns v. City of Saginaw, the Sixth Circuit Court of Appeals affirmed a Michigan District Court’s dismissal of an African-American police officer’s claim for retaliation against his employer after he was terminated for issuing a fraudulent ticket.  In his complaint, the officer claimed that he had been terminated in retaliation for filing a complaint with the EEOC, and that the police chief of his Department, who is white, used a racial slur against him in relation to his EEOC complaint.  The Court dismissed his claim on summary judgment on the grounds that the officer’s EEOC complaint was actually filed following the citizen complaint relating to the fraudulent ticket, a white officer had similarly been terminated for filing a false accident report, and the police chief’s alleged racial slur was hearsay.

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Filed Under: Free Speech Rights, Race Discrimination
July 20, 2015 By

Worker Cannot Bring Lawsuit Against County Because Waited Too Long to File Complaint

By Reba Weiss and Harrison Owens

snoozeIn Kuehn v. Snohomish County, the Washington State Court of Appeals affirmed the dismissal of a Road Maintenance worker’s claims against the County for wrongful termination and disability discrimination in violation of Washington’s Law Against Discrimination (WLAD) and Family Leave Act (WFLA).  In his suit, the worker claimed that the County wrongfully terminated him for repeated tardiness allegedly caused by a sleeping disorder, and wrongfully decided to discontinue accommodating his disability.  The trial court found that the worker waited too long to file his lawsuit, and granted the County’s motion for summary judgment.  The Court of Appeals affirmed the trial court, holding that the legal time-limit to file the worker’s lawsuit began its countdown from the moment he received notice of his impending termination from his employer.

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Filed Under: Disability Discrimination
July 20, 2015 By

Arbitrator Reverses Florida Firefighter’s Discharge for Off-Duty Drug Use, Persuaded by His Difficult Personal Circumstances

By Jim Cline and Jordan Jones

pot fireIn City of Oakland Park, the arbitrator held that there was not just cause to discharge a Florida firefighter for using marijuana while off-duty. The arbitrator cited the firefighter’s excellent work history and other mitigating circumstances.

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Filed Under: Discipline