March 5, 2015
By Mitchell Riese and Mitchel Wilson
In Sube v. City of Allentown, the Court denied the Defendant City’s motion for summary judgment and permitted the employee's disability discrimination claims under the ADA to proceed to trial. As the City was aware of Sube’s injury and later terminated him soon after he sought to bring discrimination charges with the EEOC.
Filed Under: Loudermill
March 5, 2015
By Erica Shelley Nelson and Brennen Johnson
In Burns v. City of Utica, the Second Circuit U.S. Court of Appeals affirmed the dismissal of a female firefighter’s lawsuit against the City of Utica, New York. The Firefighter claimed in her lawsuit that the City had retaliated against her for reporting an incident of sexual assault by denying her application for disability benefits. After reviewing a U.S. district court’s decision to dismiss the Firefighter’s lawsuit, the Court of Appeals determined that the dismissal was warranted where the Firefighter failed to show that any negative consequences stemming from the denial of her disability application was attributable to the City.
Filed Under: Free Speech Rights
March 3, 2015
By Erica Shelley Nelson and Brennen Johnson
In Misewicz v. City of Memphis, the U.S. Court of Appeals for the Sixth Circuit affirmed the dismissal of a lawsuit filed by over one hundred firefighters against the City of Memphis, Tennessee. The firefighters sued the City in an attempt to obtain overtime wages for time outside of their regular work hours that they spent participating in paramedic training. The Court determined that the City was not obligated to compensate the firefighters for that time because the City successfully complied with a provision of the Department of Labor regulations that provides circumstances where public employers need not compensate their employees for time spent in training.
Filed Under: FLSA
March 3, 2015
By Mitchell Riese and Mitchel Wilson
In Nelson v. City of New York, the U.S. District Court for the Southern District of New York denied the City's motion for summary judgment and permitted the plaintiff's disability discrimination claim to go to trial. The Court reasoned that there was no clear evidence that the former officer could not perform the essential functions of the job and that the issue was proper for trial.
Filed Under: Disability Discrimination
February 20, 2015
By Mitchell Riese and Mitchel Wilson
In Maish v. Napalitano, U. S. District Court for the Western District of Washington denied the Border Patrol's motion for summary judgment and permitted a Border Patrol applicant’s disability discrimination claims to go to trial. The Court concluded the applicant, Maish, had a viable claim under the federal Rehabilitation Act for disability discrimination when the Border Patrol failed to hire Maish after learning of his mental illness.
Filed Under: Disability Discrimination
February 18, 2015
By Mitchell Riese and Mitchel Wilson
In Felkins v. City of Lakewood, the U.S District Court of Colorado addressed cross motions for summary judgment and granted defendant’s motion, thereby dismissing plaintiff’s case. The Court ruled that she did not establish that she was disabled.
Filed Under: Disability Discrimination
February 10, 2015
By Jim Cline and Jordan Jones
In City of St. Marys v. Fire Fighters Local 3633, the Ohio Court of Appeals vacated an arbitrator’s award which had reinstated an asthmatic firefighter. The arbitrator had found that the party’s fitness testing language had not been complied with but the Court determined that the arbitrator exceeded his authority in reaching that result.
Filed Under: Collective Bargaining Rights
February 4, 2015
By Mitchell Riese and Mitchel Wilson
In DeStefano v. City of Philadelphia, the Court dismissed cross motions for summary judgment, concluding that Orlando DeStefano’s disability discrimination claims under the federal Rehabilitation Act may go to trial for a knee injury when the issue is whether patrolling is part of a lieutenant’s essential functions.
Filed Under: Disability Discrimination
January 23, 2015
By Erica Shelley Nelson and Jordan Jones
In Mendel v. City of Gibraltar, the U.S. District Court for the Eastern District of Michigan granted summary judgment to the City of Gibraltar for a police dispatcher’s Family Medical Leave Act (FMLA) interference claim. The Plaintiff alleged that he was illegally terminated while on statutory leave. The Court held that the Plaintiff would not have been able to return to work after exhausting his 12 weeks of FMLA leave and therefore he did not have a valid FMLA interference claim.
Filed Under: Legal Rights
January 16, 2015
By Jim Cline and Jordan Jones
In City of Rockford, 133 LA 572 (Simon, 2012) and City of Rockford, 133 LA 587 (Simon, 2013), the Arbitrator denied the police union’s grievance alleging a procedural violation of the CBA, but held that the City did not have just cause to terminate a ten-year veteran police officer based on two conflicting psychological fitness for duty reports.
