By Kasey Burton

In Gethers v. Harrison, the U.S. District Court, Eastern District of North Carolina held that a sheriff’s office did not unlawfully discriminate on the basis of gender when it demoted a female detention officer. The female officer refused to leave the bathroom area while a male inmate was showering. Two other male officers were present, and the inmate was no longer agitated or presenting any sort of threat.  Consequently, the female officer’s presence was determined unnecessary and inappropriate.  During the course of the investigation following the demotion, the Sheriff concluded that Gethers was not truthful and subsequently terminated her on that basis.

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By Mitchel Wilson

In Hamner v. Ann Arundel Cnty., 117 FEP Cases 1672 (2013), the court permitted the claims of a county employee who had been transferred to the police department against the county for retaliatory failure to hire and a hostile work environment. She had been transferred, but the county claimed to only a provisional position.

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By Mitchel Wilson

In Mocic v. Sumner County Emergency Medical Service, 117 FEP Cases 1005 (M.D. Tenn. 2013), a Federal District Court dismissed two of a discharged Tennessee paramedic’s claims, but allowed her claims for sexual harassment and retaliation to proceed to trial.  Both of her Title VII claims fail because there wasn’t any actual harm suffered just the appearance of harm.  Leading up to her discharge her employer and supervisor taunted her daily, would kick her chair, and tease her about her poorly fitting uniform as her pregnancy progressed.  Ultimately she filed a complaint with the EEOC and was fired soon after; her employer asserts that she was discharged because of her inability to lift overweight patients after a shoulder injury.

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By Mitchel Wilson

The Federal 2^nd Circuit Court of Appeals, in Desarduoin v. City of Rochester, 117 FEP Cases 778 (2d Cir. 2013) reestablished a fired female police security officer’s sexual harassment/discrimination claim against the City of Rochester, New York under Title VII, while affirming the dismissal of her retaliation and state law claims.  The court concluded the lower court erred in granting summary judgment on the employee’s gender discrimination claim when she alleged her supervisor made unsolicited sexual advances from May to July of 2007, but correctly dismissed her retaliation and state law claims. The employer was able to defeat her retaliation claim when it showed that it acted for a legitimate, non-discriminatory reason, when it fired her for secretly recording fellow officers, a felony and violation of department policy.

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