In King County, the Public Employment Relations Commission affirmed its Examiner’s prior decision in which King County was found to have discriminated against an employee by removing him from his elected position on a safety committee. The Commission held that even though the County offered a nondiscriminatory reason for its action the Union successfully demonstrated that the County's actions were merely a pretext for discriminating against the employee due to his advocacy for regular safety committee meetings.
In Tiffany Diggins v. Seattle Housing Authority, a PERC Examiner ruled that the complaining employee failed to prove employer discrimination when she alleged that her employer interfered with her connectivity and access to computer software required for work. The Examiner held that her IT access issues did not rise to the level of being an “adverse action” upon which a discrimination charge could be based.
In City of Seattle, [City of Seattle, Decision 137535-A (PECB, 2024)] the PERC Commission overturned an errant Examiner ruling and held that the complaining employee suffered an “adverse action” upon which a discrimination claim could be made when he was placed on administrative leave with pay pending an investigation. The Commission partially overturned the prior dismissal of the case on these grounds by the Examiner who held that administrative leave could not be the basis for a discrimination charge. Nonetheless, the employee won that battle but lost the war when the Commission dismissed the complaint for lack of adequate proof of discriminatory intent.
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.
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.
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.
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.
In Blackburn v. Dep’t of Soc. & Health Servs., nine employees at a Washington state psychiatric hospital alleged racial discrimination after the hospital restricted job assignments. The Washington State Supreme Court found the temporary race-based restriction violated the Washington Law Against Discrimination.
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.
This article is the 30th 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. If you would like to confirm if your specific situation might be viable for building a case, consult with a discrimination lawyer to be certain.
![light-duty-job_sm[1]](https://www.washingtonlaborandemploymentblog.com/wp-content/uploads/2017/05/light-duty-job_sm1.jpg "light-duty-job_sm[1]")
