February 2, 2017

U.S. District Court Hold Pennsylvania Corrections Officer’s with Joint Disease not Entitled to Control Room Position as Accommodation

By Reba Weiss and Brittany Torrence

accessibility-logos
In Gera v. County of Schuylkill, the U. S. District Court of Pennsylvania rejected a pro se former corrections officer’s ADA disability and retaliation claims, granting summary judgment to Schuylkill County because the officer failed to show that he was a qualified individual within the meaning of the ADA, failed to show retaliation, and his disability benefits claim precluded his ADA claim.

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November 9, 2016

Mandatory Overtime May Not be Essential Function of Michigan Police Officer’s Job, Might Be Open to Reasonable Accommodation

By Mitchell Riese and Mathias M. Deeg

Disability Discrim
In Reeder v. County of Wayne, the U.S. District Court for the Eastern District of Michigan held that a Wayne County police officer diagnosed with depression and anxiety could proceed with a claim against the county alleging that it wrongfully discharged him—in violation of the Americans with Disabilities Act—for refusing to work mandatory overtime.

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November 9, 2016

Unqualified Virginia Firefighter Cannot Sue for Reasonable Accommodation or Wrongful Termination Under ADA

By Mitchell Riese and Mathias M. Deeg

firefighter
In Craft v. Fairfax County Government, the U.S. District Court for the Eastern District of Virginia held that a Fairfax County firefighter could not bring a disability discrimination claim of either wrongful termination or failure to accommodate because he was unable to show he was a “qualified individual” under the Americans with Disabilities Act.

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September 13, 2016

Federal Appeals Court Holds that Resigning Alabama Corrections Officer Cannot Sue for Disability Discrimination if Provided an Opportunity to Appeal His Pending Termination

By Mitchell Riese and Mathias M. Deeg

policy
In Williams v. Alabama Dep’t. of Corrections, the U.S.Court of Appeals for the 11th Circuit determined that a Corrections Officer’s resignation could not be considered an adverse employment action on the part of his employer if he was provided with reasonable alternatives to resignation. The Court found the employer’s offer to hold a formal hearing at which the Officer could tell his side of the story to be a sufficient alternative to immediate resignation.

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August 31, 2016

Court Holds Alabama Fire Chief Who Raised Possibility of Discriminatory Motivation Covered by ADA Despite Direct Violations of Work Rules

By Mitchell Riese and Mathias M. Deeg

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In Green v. Pike Rd. Volunteer Fire Protection Authority, the U.S. District Court, Middle District of Alabama upheld a Fire Chief’s claim of disability discrimination despite the existence of non-discriminatory reasons for his termination. The Court found that the employer’s comments about the Fire Chief’s past drug and alcohol use cast enough doubt on the stated motivation for his termination to send the case to trial.

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August 31, 2016

Illinois Police Commander Unable to Perform the Essential Functions of Job Cannot Sue for Disability Discrimination

By Mitchell Riese and Mathias M. Deeg

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In Briscoe v. Village of Vernon Hills, the U.S. district Court for the Northern District of Illinois held that that a former Police Commander that was unable to perform the essential functions of his job with or without reasonable accommodation by Vernon Hills could not prevail on a claim of disability discrimination. The court found that the Commander’s inability to work removed him from the protection of the ADA.

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September 10, 2015

U.S. Court Of Appeals Decides That ADA Does Not Protect Oregon Police Officer With ADHD

By Erica Shelley Nelson and Brennen Johnson

adhd
In Weaving v. City of Hillsboro, the U.S. Court of Appeals for the Ninth Circuit ruled that an Oregon police officer with ADHD could not qualify as disabled under the Americans with Disabilities Act (ADA), which prevented him from asserting the ADA’s protections. In his lawsuit, the Officer alleged that the City violated the ADA by terminating him because of this ADHD. At trial, a jury agreed with him and awarded over $775,000 in damages, including back-pay and front-pay, as well as attorney’s fees. However, the Court of Appeals reviewed the case and overruled the verdict after determining that the Officer’s ADHD did not present symptoms that were severe enough to qualify as a disability under the ADA.

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July 29, 2015

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 no
In 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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July 20, 2015

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

By Reba Weiss and Harrison Owens

snooze
In 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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June 18, 2015

Corrections Officer Could Bring Claim For Violation Of ADA When Wrongfully Demoted Because Of His Disability

By Reba Weiss and Harrison Owens

demotion 2
In Allen v. Baltimore County, a Maryland District Court allowed a corrections officer to continue with his claim for disability discrimination under the ADA against his employer. In his complaint, the officer claimed that his employer had caused him to sign a demotion agreement and terminated him because he suffered from an inflammatory disease. The District Court found that the officer could have performed his job if his employer had accommodated his disability, such as by allowing him time to take his medication or giving him light duty.

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