May 7, 2021

Federal Court in Illinois Throws Out Black Probation Officer’s Race Discrimination and Union Retaliation Claim Based on Denial of His Request for a Schedule Change

By Mark Anderson and Katrina Thornton

Denied
In Smith v. Cook County, an Illinois court dismissed an African American probation officer’s lawsuit claiming the County denied his request for an adjusted schedule because of his race and active participation in his labor union. The court dismissed Officer Jason Smith’s lawsuit, finding that neither Smith’s race nor his union activity was the basis for the employer’s denial of his request to adjust his schedule.

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May 7, 2021

Philadelphia Police Tow Trucker Driver’s Prayers Answered as Court Holds Department May Have Discriminated Against Him

By Mark Anderson and Katrina Thornton

Discrimination 3
In Bonilla v. City of Philadelphia, a Philadelphia court denied the City of Philadelphia’s request to throw out a Christian tow truck driver’s lawsuit claiming that he had been discriminated against because of his faith. The court held the Department may have created an offensive work environment based on the driver’s religious beliefs.

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May 5, 2021

Philadelphia cop can’t claim that management retaliated by failing to stop coworkers from creating a hostile work environment

By Mark Anderson and Beth Touschner

PASADENA-GENDER-DISCRIMINATION-ATTORNEY
In Anselmo v. City of Philadelphia, a city police officer brought a lawsuit against her employer alleging she was retaliated against by coworkers after she reported gender discrimination. Specifically, Anselmo claimed, after she reported discrimination she was ostracized, lost friends at work, was not invited to social gatherings, coworkers would not sit near her, she was excluded when lunch was ordered, and one of her coworkers called her a rat. The court rejected her retaliation claim because Anselmo failed to show that the employer knew of the harassment and failed to stop it. Indeed, the court noted, Anselmo admitted she had not reported her allegations to anyone and had simply withdrawn.

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April 7, 2021

Texas Police Officer Avoids Dismissal of Sexual Harassment and Retaliation Claims After He Reported the Harassment

By Jim Cline and Mark Anderson

no-harassment
In Gregg v. City of Houston, a Texas police officer prevailed on a motion to dismiss his claims for harassment and retaliation after he was sexually harassed by a female coworker for several years, and then ostracized by coworkers after he reported the harassment. The court found that Officer Michael Gregg met each of the required elements to proceed to trial on his Title VII hostile work environment claim and his retaliation claim.

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April 1, 2021

Rhode Island Police Officer Prevails in His Free Speech Lawsuit After Being Disciplined for Speaking to the Media

By Mark Anderson and Beth Touschner

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In Brady v. Tamburini, a Rhode Island police detective prevailed in his First Amendment free speech lawsuit after being disciplined for speaking with the news media. The court found that the police department’s policy prohibiting officers from speaking to the media ran afoul of First Amendment free speech protections. It also found that several other department policies, for which Detective James Brady was disciplined, were improper as applied to him.

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May 9, 2019

Indiana Police Officer Fails to Provide Evidence of Discriminatory Motive for His Discipline

By Loyd Willaford and Clive Pontusson

No Racism 110
In Cobsy v. City of Indianapolis, a federal court dismissed the lawsuit of a police officer who claimed that his repeated discipline was motivated by racial bias in the Indianapolis Police Department. Because Officer Cosby did not present evidence that his multiple suspensions were related to his race, he could not state a claim for racial discrimination.

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May 9, 2019

Federal Court Rules That Alabama Police Officer Can Bring Case for Retaliatory Transfer to Night Shift

By Loyd Willaford and Clive Pontusson

No Racism 110
In Jones v. City of Birmingham, a federal court ruled that an Alabama Police Officer had alleged sufficient facts to show he may have been transferred as retaliation for filing a complaint with the Equal Employment Opportunity Commission. The Court dismissed Edwin Jones’ claim for racial discrimination, but it did find that Jones had shown a potential retaliation for his filing a complaint with the EEOC. As a result, the Court determined that his case should be heard by a jury.

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May 9, 2019

Federal Court of Appeals Rules That Maine Corrections Nurse Exposed to Sexual Jokes, Degrading Comments and Spanking had “Substantial Evidence” of Sexual Harassment and Hostile Work Environment

By Loyd Willaford and Clive Pontusson

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In Roy v. Correct Care Solutions, the U.S. Court of Appeals overturned the decision of a lower court and determined that Tara Roy had presented sufficient evidence that she faced gender discrimination and hostility to bring her case for employment discrimination before a jury. Roy’s case involved many defendants, including the private company that employed her (Correct Care), the Maine Department of Corrections, and the individual supervisors who allegedly retaliated against her for complaining about sexual harassment.

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March 7, 2019

Retired Maryland Police Officer’s Personal Disagreement with Co-Worker Not Protected by First Amendment

By Loyd Willaford and Clive Pontusson

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In Carey v. Throwe, a federal court determined that misleading statements made by former colleagues and supervisors of a police officer were not retaliation for exercise of his First Amendment rights, because his comments were not protected by the First Amendment. Because Norris Carey’s statements were not about a “matter of public concern” they were not protected, and therefore he was not a victim of unlawful retaliation. His lawsuit was dismissed by the Court.

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February 8, 2019

Dismissal of Kansas Police Department Secretary Who Gave Testimony Against Department Not a Violation of First Amendment

By Loyd Willaford and Matt Baker

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In Helget v. City of Hays, a former administrative secretary to a police department claimed that her First Amendment rights were violated after she was terminated for testifying about confidential information. The department argued that the speech was not protected because it did not touch on a matter in the public interest and it disrupted department functions. The Tenth Circuit Court agreed and dismissed the administrative secretary’s claims.

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