Plaintiff Leif Henry, a police officer for the City of Allentown, Pennsylvania, filed suit against the City alleging, among other things, disability discrimination and retaliation under the Rehabilitation Act after a superior officer complained about Henry’s request for a medical accommodation, and Henry was then subjected to an internal affairs investigation. The district court dismissed both claims in Henry v. City of Allentown, finding that Henry had not shown that he suffered an “adverse employment action” by his superior officer, Chief Roger MacLean.
In Sadie v. City of Cleveland, 118 FEP Cases 1104 (6th Cir. 2013), the appellate court upheld the lower court for dismissing the suit of a group of former Cleveland police officers who were not retained after age 65. Their suit alleged that the City’s mandatory retirement program violated the Age Discrimination in Employment Act (ADEA), an Ohio discrimination statute, and equal protection of the 14th Amendment.
In Moore v. County of Camden, 20 WH Cases 2d 1369 (D.N.J. 2013), a New Jersey federal district ruled declined to dismiss and set for trial a Dispatch Managers Claim that he was retaliated against after he presented his health issues.
In an unpublished decision Nazario v. City of Riverside, the Ninth Circuit Court of Appeals upheld the trial court’s decision to dismiss a discharged Riverside PD officer’s Uniformed Services Employment and Reemployment Rights Act (“USERRA”) claims, denying him a trial, because he could not show he was fired and not rehired because of his military service.
In Mercer v. Cook County, the Seventh Circuit Court of Appeals, (in an unpublished opinion) upheld the trial court’s decision to dismiss Corrections Sergeant Pamela Mercer’s claims of Gender Discrimination and Hostile Work Environment. It agreed with the lower court because Mercer could not show the conduct directed at her was because of gender and her transfer was not an adverse employer action and the incidents cited were not severe/pervasive enough to alter the Officer’s working conditions.
In Aldridge v. Lake Cnty. Sheriff’s Office, an Illinois federal trial court dismissed the Lake County’s motion for summary judgment and permitted a female deputy’s gender discrimination claims to go to trial. The Court concluded, the various evidence including the statements that the Sheriff “wanted to give the boys a chance” at the K-9 assignment, was enough to demonstrate a viable discrimination claim.
In Waters v. City of Dallas, the Fifth Ciruit Court of Appeals affirmed a lower court ruling dismissing a Dallas Police Lieutenant’s racial discrimination claim.
In Stokes v. Dallas County Juvenile Dep’t, 20, WH Cases 2d 327 (5th Cir. 2013) the Fifth Circuit Federal Court of Appeals upheld summary judgment on retaliation claims under both Title VII and the FMLA when the plaintiff could indicate no connection between her termination and the activities protected by both those statutes. Further the employer provided substantial evidence supporting the termination of the plaintiff, including numerous instances of poor performance that resulted in discipline. Although the plaintiff could make a prima facie case regarding the FMLA claim (but not the Title VII claim), the court nevertheless found summary judgement was proper when no reasonable person could find that discrimination had occurred.
In Bonenberger v. St. Louis Metropolitan Police Department, Plaintiff David Bonenberger, who is white, claims that two lieutenants conspired to promote another candidate over him based on her race. On summary judgment, the court viewed the evidence in a light most favorable to Bonenberger and found that a jury could reasonably conclude two lieutenants conspired against him, and therefore concluded the case could go to trial.
In Salvato v. Smith, the court denied the City’s motion to dismiss a female police officer’s harassment claim. The court found the Officer successfully alleged her superior officers’ behavior was “sufficiently severe or pervasive” enough to alter the conditions of her employment. The court found the Officer’s Complaint was brimming with allegations regarding the hostile conduct she suffered, including:
