US District Court in Fairfax County, Virginia, Allows Dispatcher Disability Suit to Go Forward, finding that County May Have Unreasonably Delayed Accommodations

By Cynthia McNabb and Kim Lowe

In Williams v. Fairfax Cnty., a District Court judge ruled that a police and fire dispatcher’s ADA suit could go forward on the theory that Fairfax County, Virginia engaged in unreasonable delay in granting the dispatcher’s request for accommodation.

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US District Court in Florida Rules Regular Attendance to be Necessary Qualifications for Department of Corrections Officers, Rejects Former Employee’s Disability Suit

By Cynthia McNabb and Kim Lowe

In Aponte v. Akima Global Services, a District Court judge ruled that the Miami, Florida-based Department of Corrections’ contractor, Akima Global, did not discriminate against its former employee when it terminated her for chronic absenteeism. Regular attendance is a valid job qualification for corrections officers and Aponte’s spinal injury prohibited her from fulfilling that job duty, among others.

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Indefinite Extension of Light-Duty not a Reasonable Accommodation for Florida Community Service Officer

By: Loyd Willaford and Mathias Deeg

In Frazier-White v. Gee, the U.S. Court of Appeals for the Eleventh Circuit held that the Hillsborough County Sheriff’s Office did not commit disability discrimination when it refused a disabled Community Service Officer’s request for accommodation through indefinite light-duty.

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Alabama Court Allows Disabled Shift Supervisor Who Was Demoted to Have Jury Hear His Claims

By: Loyd Willaford and Mathias Deeg

In Easter v. Alabama Department of Youth Services, the U.S. District Court for the Northern District of Alabama held that a jury could find that Alabama Department of Youth Services’ stated reasons for the demotion of a disabled shift supervisor were not convincing, suggesting that the Department discriminated against the supervisor.

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Representing the Injured or Disabled Member Part 31: An Introduction to Workers Compensation and the Injured Public Safety Officer

By Jim Cline and Erica Shelley Nelson

Representing the Injured or Disabled Member

Part 31: An Introduction to Workers Compensation and the Injured Public Safety Officer

This article is the 31st  in a multiple part series covering the rights your injured and disabled members have and how you, as a union or guild representative, can best assist them. You may also consult an experienced workers compensation lawyer if you have legal inquiry. Over the several weeks and continuing for the next several weeks, we’ll be publishing, in various segments, information on how state and federal laws protect your members who are hurt or otherwise unable to work. We’ll cover topics including disability discrimination law, the FMLA, job protection rights under the CBA, workers compensation, disability benefits, and the right to bring a civil lawsuit.

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Washington Court of Appeals Holds that Employee May Bring Claim of Disability Discrimination To Trial After Showing Rules Were Selectively Enforced Against Him

By: Jim Cline & Harrison Owens

In Brownell v. Snohomish County Public Utility District No. 1, a Washington Court of Appeals reversed the trial court’s dismissal of a former public utility employee’s disability discrimination lawsuit. In his complaint, the worker claimed that he was terminated for violation of work rules that were selectively enforced against him. The Court of Appeals found that the selective enforcement of the rules and lack of negative performance reviews showed that the worker may have a valid claim for disability discrimination. Therefore, the Court of Appeals reversed the trial court’s dismissal of the worker’s claim and allowed him to bring his claim to trial.

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Representing the Injured or Disabled Member Part 29: The Family Medical Leave Act

By Jim Cline and Erica Shelley Nelson

Representing the Injured or Disabled Member

Part 29: The Family Medical Leave Act 

This article is the 29th in a multiple part series covering the rights your injured and disabled members have and how you, as a union or guild representative, can best assist them.  Over the several weeks and continuing for the next several weeks, we’ll be publishing, in various segments, information on how state and federal laws protect your members who are hurt or otherwise unable to work. We’ll cover topics including disability discrimination law, the FMLA, job protection rights under the CBA, workers compensation, disability benefits, and the right to bring a civil lawsuit.

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Representing the Injured or Disabled Member Part 28: Pregnancy Discrimination and Disability Laws

By Jim Cline and Erica Shelley Nelson

Representing the Injured or Disabled Member

Part 28: Pregnancy Discrimination and Disability Laws

This article is the 28th  in a multiple part series covering the rights your injured and disabled members have and how you, as a union or guild representative, can best assist them.  Over the several weeks and continuing for the next several weeks, we’ll be publishing, in various segments, information on how state and federal laws protect your members who are hurt or otherwise unable to work. We’ll cover topics including disability discrimination law, the FMLA, job protection rights under the CBA, workers compensation, disability benefits, and the right to bring a civil lawsuit.

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Ninth Circuit Holds Amazon Need Not Adjust Performance Standards As Accommodation For Customer Service Employee with Health Problems

By Loyd Willaford and Mathias Deeg

In Kelley v. Amazon.com, Inc., the U.S. Court of Appeals for the Ninth Circuit held that a disabled Amazon.com customer service associate could not bring a failure-to-accommodate claim because she could not perform the essential functions of her job even with reasonable accommodations

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Representing the Injured or Disabled Member Part 27: Other Issues under the FMLA

By Jim Cline and Erica Shelley Nelson

Representing the Injured or Disabled Member

Part 27: Other Issues under the FMLA 

This article is the 27th in a multiple part series covering the rights your injured and disabled members have and how you, as a union or guild representative, can best assist them. Over the several weeks and continuing for the next several weeks, we’ll be publishing, in various segments, information on how state and federal laws protect your members who are hurt or otherwise unable to work. We’ll cover topics including disability discrimination law, the FMLA, job protection rights under the CBA, workers compensation, disability benefits, and the right to bring a civil lawsuit

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