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Bad Debts and Bankruptcy

     The failure of a postal worker to list a pending Title VII action alleging race discrimination and retaliation in her bankruptcy petition warrants a dismissal of the bias lawsuit, under the doctrine of judicial estoppel. Higgins v. Potter, #10-3234, 2011 U.S. App. Lexis 5859 (10th Cir.).

Disciplinary Hearings - Loudermill Rights

     Although a Collective Bargaining Agreement provided a post-suspension hearing for police officers, "except for extraordinary situations, under Pennsylvania law, even when union grievance procedures permit a policeman to challenge his suspension after the fact, a brief and informal pre-termination or pre-suspension hearing is necessary." Schmidt v. Creedon, #09-2051, 2011 U.S. App. Lexis 6303 (3rd Cir.).

Disciplinary Punishment - In General

     Fifth Circuit upholds the termination of a corrections nurse. There was steady stream of complaints about her repeated rudeness and shouting at coworkers. It created a "toxic work environment," resulted in low morale, and prompted two other nurses to quit. Nelson v. Corrections Corp. of Amer., #10-60762, 2011 U.S. App. Lexis 6923 (Unpub. 5th Cir.).

Employment Reference Misstatements - Defamation & Other Claims

     When a federal agency contractually agrees to provide an employee with a clean record, it precludes the agency's disclosure of contrary information. An employee or former employee need not show actual harm to establish that the agency's disclosure constituted a material breach. Doe v. Dept. of the Army, #CH-0752-08-0412-C-1, 2011 MSPB 45.

FLSA - Overtime - in General

     Regarding the timeliness of FLSA claims, a new cause of action accrues each time a police department issues a deficient paycheck. Figueroa v. D.C. Metro. Police Dept., #09-7133, 2011 U.S. App. Lexis 3168 (D.C. Cir.).

Handicap Laws / Abilities Discrimination - In General

     A state employee was fired because of her persistent mistakes, not her disability. The plaintiff, who is blind in one eye and has cerebral palsy, made serious errors while performing tasks that were not impacted by her disabilities. Whitfield v. State of Tennessee, #09-6488, 2011 U.S. App. Lexis 6204, 2011 FED App. 0075P (6th Cir.).

Jurisdictional/Multi-union Disputes & Work Erosion

     Federal courts lack jurisdiction to decide a dispute between management and two postal unions, where the bargaining agreement provides for mandatory arbitration. Trenton Metro Area Local v. U.S. Postal Serv., #08-3941, 2011 U.S. App. Lexis 2862 (3rd Cir.).

National Security Issues

     President Obama issues a Policy Directive on national preparedness. PP Directive #8 (2011).

Pay Disputes - In General

     City employees were not entitled a four-stage wage increase because the N.Y. legislature imposed a three-year salary freeze. Matter of Meegan v. Brown, #37, 2011 NY Slip Op 2436, 2011 N.Y. Lexis 470.

Political Activity/Patronage Employment

     Sheriff could involuntarily transfer a lieutenant for political reasons from a policymaking position. Bardzik v. County of Orange, #09-55103, 2011 U.S. App. Lexis 6242 (9th Cir.).

Race Discrimination - In General

     Sheriff's employees who sued for discrimination and failed to timely appeal from an improper dismissal of their lawsuit are not entitled to relief. Their sole remedy is a malpractice action against their lawyer. Lee v. Dart, #10-2013, 2011 U.S. App. Lexis 5850, 111 FEP Cases (BNA) 1457 (7th Cir.).

     Congress enacted the Lilly Ledbetter Fair Pay Act of 2009, which amended Title VII of the Civil Rights Act of 1964 by providing that the statute of limitations for filing an EEOC charge alleging pay discrimination resets with each paycheck affected by a discriminatory decision. Groesch v. City of Springfield, #07-2932, 2011 U.S. App. Lexis 6276, 111 FEP Cases (BNA) 1441 (7th Cir.).

Race and Sex Discrimination

     Fifth Circuit reinstates a Title VII action brought by a terminated black female police academy trainee. An instructor allegedly told her that "she would not pass the academy, that he would do everything he could to get rid of her, and that he hoped he never had to see her face again." Williams v. City of Tupelo, #10-60679, 2011 U.S. App. Lexis 4035, 111 FEP. Cases (BNA) 1471 (Unpub. 5th Cir.).

Reductions in Force

     After the L.A. City Council approved a 26-day annual work furlough as an austerity measure, a union demanded arbitration. A three-judge appellate panel holds that "any agreement to arbitrate the issue of furloughs would constitute an improper delegation of discretionary policymaking power vested in the City Council." City of L.A. v. Superior Court (Engineers), #B228732, 2011 Cal. App. Lexis 354.

Religious Discrimination

     Federal appeals panel rejects a discrimination action brought by an Apostolic Christian who was fired for insulting a coworker's sexual orientation. The terminated employee allegedly screamed that God does not accept gays, they should not be on earth, and they will go to hell because they are not right in the head. Matthews v. Wal-Mart, #10-2242, 2011 U.S. App. Lexis 6647 (Unpub. 7th Cir.).

     Muslim police officer who was terminated after being questioned by the FBI for possible links to terrorist groups accepts $125,000 from the city and school district. A flier with his police ID photo had been circulated in the local school district advising that he is "currently under investigation by the FBI for possible affiliation with a terrorist organization." Fernandes v. City of Fremont. [Cal. Govt. Code §910-913.2 claim]

     The failure to accommodate an employee's request to have every Saturday off for religious reasons did not violate Title VII because management is not required to disregard a seniority system to accommodate an employee's religious beliefs. Harrell v. Donahue, #10-1694, 2011 U.S. App. Lexis 6621 (8th Cir.).

Retaliatory Personnel Action

     New York's highest court upholds a jury award for two NYPD officers who were subjected to retaliation because they had opposed discrimination against another department member, due to his perceived sexual orientation. There was sufficient evidence in the record to support the verdicts of $579,728 and $491,706, plus attorneys' fees. Albunio v. City of New York, #43, 2011 NY Slip Op 2480, 2011 N.Y. Lexis 498.

Workers' Compensation - Claim Validity

     Wisconsin appellate court upholds a finding that a fire captain suffered a compensable injury while playing basketball on active duty at a fire station. The chief testified that the fire department had no formal fitness policy, but rather had an informal fitness program of encouraging personnel to engage in physical fitness activities while on duty. City of Kenosha v. Labor Cmsn. (Leipzig), #2010AP883, 2011 Wisc. App. Lexis 217.

Workers' Compensation - Exclusive Remedy

     Wisconsin appellate court holds that workers' compensation is not the exclusive remedy for a former county employee, who brought a defamation lawsuit based on statements that were made after his resignation. Anderson v. Hebert, #2010AP1992, 2011 Wisc. App. Lexis 203.

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Arbitration:

• Article, Arbitration Under an Expired Contract, by Jack Collins, 78 (4) The Police Chief (Apr. 2011).

Disability discrimination:

• Revised Final Title II Rule, A Compilation of Regulatory Provisions and Guidance -- Nondiscrimination on the Basis of Disability in State and Local Government Services.

Internet security:

• Report, A practical guide to protecting your identity and security online and when using mobile phones, Access Global Movement for Digital Freedom (2011).

Reference:

• Abbreviations of laws, law reports and agencies used in our publications.
• AELE’s list of employment law resources

Report non-working links here

CROSS REFERENCES
Arbitration Procedures - see: Jurisdictional/Multi-union Disputes
Arbitration Procedures - see: Reductions in Force
Defamation - see: Religious Discrimination
Defamation - see: Workers' Compensation - Exclusive Remedy
Disciplinary Publicity - see: Employment Reference Misstatements
Employee Harassment - Sexual Orientation - see: Religious Discrimination
Releases & Resignations - see: Employment Reference Misstatements

AELE Seminars:

Legal, Psychological and Biomechanical Aspects of
Officer-Involved Lethal and Less Lethal Force
Oct. 10-12, 2011 – Las Vegas

Public Safety Discipline and Internal Investigations
Dec. 12-14, 2011 - Las Vegas

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