December 14, 2012
By Kate Acheson
Officer Von Rhine, an employee of Camden, NJ County Sheriff's Department, claimed his Department violated his First Amendment rights to Free Speech by transferring him in retaliation, for complaints he made against his boss. The Federal Court for the District of New Jersey dismissed this claim in Von Rhine v. Camden County Sherriff’s Office.
Filed Under: Constitutional Rights, Free Speech Rights, Legal Rights
December 10, 2012
By Kate Acheson
In Fossesigurani v. City of Bridgeport Fire Dept., the Connecticut Federal Court dismissed an assistant city fire chief’s American with Disabilities Act claims, arising from a fire commissioner’s allegedly derogatory comment. The court found the comment alone was insufficient proof of an adverse employment action, or a hostile work environment under the ADA.
Filed Under: Disability Discrimination, Discrimination
December 7, 2012
By Kate Acheson
The Federal Third Circuit Court of Appeals has found a Pennsylvania State Police pre-hire tattoo policy, was properly applied without violating an applicant’s Constitutional rights in Scavone v. Pennsylvania State Police. Although officially unpublished and not precedent setting, the case deals with an issue of emerging importance.
Filed Under: Constitutional Rights, Legal Rights, Privacy Rights
December 7, 2012
By Kate Acheson
In Forgione v. City of New York, a New York District Court found that an officer mistakenly perceived as suffering from Post-Traumatic Stress Disorder (“PTSD”), only had sufficient proof to show “retaliation,” but not “discrimination” under the Americans with Disabilities Act (“ADA”), where the Department had sent the officer for a fitness for duty evaluation. The Court concluded that evidence existed of a retaliatory intent in the compelled examination, but that a psychological examination did not constitute an “adverse action” under the ADA.
Filed Under: Disability Discrimination, Discrimination
November 30, 2012
By Kate Acheson
Plaintiff Tracy Joyner, a New York City Corrections Officer, filed suit against the City of New York for discrimination and retaliation in violation of Title VII after her supervisor made repeated sexual advances towards her. In Joyner v. City of New York, the District Court dismissed all federal claims, finding that, although Ms. Joyner was sexually harassed, the City is not liable because Ms. Joyner waited over a year before reporting the harassment.
Filed Under: Discrimination, Gender/Pregnancy Discrimination
November 29, 2012
By Kate Acheson
A police officer’s claim, that his discharge was due to “anti-union animus,” in violation of his freedom of association, was recently dismissed by Colorado District Court in Cillo v. City of Greenwood Village. The Court found that the discharge was properly motivated by the officer’s misconduct, which violated a suspect’s constitutional rights and department policy, not by any anti-union animus.
Filed Under: Association Rights, Constitutional Rights, Legal Rights
November 8, 2012
By Kate Acheson
In Cincinnati State, 130 LA 1205 (Heekin, 2012), a Campus Police Officer was terminated for “very poor judgment” after pursuing a reckless driver on campus, while driving her own private, unmarked vehicle. The Officer disputed the termination, claiming no just cause existed. The arbitrator agreed and directed the Officer’s immediate reinstatement with back pay, seniority, and benefits.
Filed Under: Arbitration Rulings, Discipline
November 7, 2012
By Kate Acheson
The Colorado District Court refused to dismiss Hispanic, Deputy Sheriff Theresa Garcia’s retaliation, discrimination, and common law civil conspiracy claims in Garcia v. Arapahoe Cnty. Sheriff ’s Office, finding that these claims concerned genuine issues of material fact and could not be summarily dismissed.
Filed Under: Discrimination, Race Discrimination
November 7, 2012
By Kate Acheson
In City of Tulsa, 130 LA 1163 (Williams, 2012), the Tulsa Police Department terminated an officer for bringing a domestic violence victim to his home. The Arbitrator agreed with the Union’s argument, that the termination was too harsh, based on other Department discipline measures and the officer’s good record.
Filed Under: Arbitration Rulings
November 2, 2012
By Jim Cline
We are following other Labor and Employment Law Blogs on the Web and will bring to your attention some other articles worth reading. Listed below, are some articles we think are worth a look.
