September 14, 2018
By Loyd Willaford and Matt Baker
In Way v. Shawnee Township, a firefighter was demoted and then discharged after complaining of a culture of bigotry and racism in the Fire Department. The firefighter first notified the Fire Chief of the problems in the Department, and was told to drop the issue. However, the problems persisted, and the firefighter continued to complain until he was fired. The U.S. District Court for the Northern District of Ohio denied the Township’s motion to dismiss.
Filed Under: Constitutional Rights, Free Speech Rights
September 14, 2018
By Loyd Willaford and Matt Baker
In Volker v. County of Nassau, a County fired an Affirmative Action Specialist after alleging he engaged in activity that the County said was outside the scope of his employment. He had submitted a report to his employer, a Sheriff’s Department, detailing the work that the Department needed to do in order to comply with Affirmative Action guidelines. The Department argued that in making the report, he had violated several policies, including interviewing employees without representation present, and proceeded to fire him. He then sued the Department, alleging that his termination had been in retaliation for protected activity. The Department moved for summary judgement, which the U.S. Federal Court for the Eastern District of New York denied.
Filed Under: Race Discrimination
January 23, 2018
By Loyd Willaford and Matt Baker
In Otto v. Williams, plaintiffs were seven police officers who were accused of conspiracy, fired, and later acquitted. A labor arbitrator reinstated them with back pay after their acquittal. Despite this, the officers brought a lawsuit against the City and the Police Department, arguing that their procedural due process had been violated because they had a property interest in their reputations, and that interest had been violated without due process. The U.S. District Court for the Eastern District of Pennsylvania dismissed their claims.
Filed Under: Constitutional Rights
January 23, 2018
By Loyd Willaford and Sarah Burke
In Freelain v. Village of Oak Park, an Illinois police officer who requested leave to take care of his sick wife, and after he developed migraine headaches, sued his department for retaliation under the ADA and FMLA. The department argued that the actions the officer was complaining about were administrative errors that it had corrected. A United States District Court in Illinois agreed with the department and dismissed the officer’s claims.
Filed Under: Disability Discrimination
January 23, 2018
By Loyd Willaford and Matt Baker
In Strosnider v. City of Nampa, an assistant fire chief claimed that he was discharged from his job in retaliation for exercising rights under the First Amendment and Idaho whistleblower law. The assistant fire chief notified two apartment building managers of the need to renovate their buildings, despite the misgivings of the Mayor of Nampa. After issuing the warnings, the assistant fire chief was terminated.
Filed Under: Free Speech Rights
December 26, 2017
By Loyd Willaford and Mathias Deeg
In Cook v. City of Philadelphia, the U.S. Court of Appeals for the Third Circuit held that Philadelphia’s required psychological exam for police officer applicants was valid and non-discriminatory, and that a failed exam with no further evidence could not be used as the basis for an employment discrimination claim under the Rehabilitation Act or the Americans with Disabilities Act.
Filed Under: Disability Discrimination, Discrimination
December 26, 2017
Michigan Police Department Declines to Rehire Former Deputy Fired While Negotiating a Return to Work
By Loyd Willaford and Sarah Burke
In Williams v. Office of Chief Judge of Cook Cnty., a former African American juvenile probation officer in Illinois, sued her department for racial discrimination and workers compensation retaliation after she was terminated while on medical leave. The department argued that the decision was based on its belief that the officer had abandoned her job. The Seventh Circuit upheld the lower court’s decision, and granted the department summary judgment on both claims.
Filed Under: Disability Discrimination, Race Discrimination
October 18, 2017
By Loyd Willaford and Sarah Burke
In Valdes v. City of Doral, a former police officer alleged he had been unlawfully terminated after his job restrictions prohibited him from patrolling the streets. The city argued that it was necessary for an officer to be able to patrol the streets and therefore the officer was no longer qualified for his job. The Eleventh Circuit upheld the lower court’s ruling and dismissed the officer’s claims.
Filed Under: Disability Discrimination
October 17, 2017
By Loyd Willaford and Sarah Burke
In Raimondi v. Wyoming County, a former 911 Center director was terminated after she took FMLA leave to care for her mother and father. The County argued that the director was not entitled to FMLA because she had not specifically asked for it and her parents had not had a medical emergency. A United States District Court in Pennsylvania found the County liable under the FMLA and ruled in favor of the director.
Filed Under: FLSA
October 11, 2017
By Loyd Willaford and Sarah Burke
In United States v. Woody, a former deputy sheriff was unable to perform her job after being diagnosed with a heart condition and asked for a transfer to a different position. A position opened but the deputy sheriff was not the most qualified applicant and did not receive the job. The deputy sheriff sued and alleged that she had been discriminated against because of her disability. A United States District Court in Virginia disagreed and dismissed the sheriff’s lawsuit.
