AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies


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Volunteer Organizations

     A member of a volunteer ambulance corps sued the entity for violation of civil rights, claiming that various disciplinary charges brought against her and her suspension without a hearing violated her First and Fourteenth Amendment rights. The corps is a private, non-profit membership corporation providing emergency medical services as well as general ambulance services to the community under a contract with the town. A federal appeals court upheld a judgment that the defendant could not be held liable for alleged violation of federal civil rights under color of law. The actions taken could not fairly be attributed to the state or town as the plaintiff failed to show a sufficiently close nexus between the discipline imposed on her and state or town governmental entities. Grogan v. Blooming Grove Volunteer Ambulance Corps., #13-656, 768 F.3d 259 (2nd Cir. 2014).
     An unpaid volunteer Police Reserve Officer for a city was terminated. He had previously experienced leg, back, and shoulder injuries on the job that had lingering effects. The stated reason for his termination was his alleged off-duty sale of a product contyaining the active ingredient of the drug Viagra. He claimed that his termination constituted disability discrimination under California state law. An intermediate California appeals court ruled that the plaintiff, as an unpaid volunteer, was not an employee entitled to assert a disability discrimination in employment claim under state law. While the city had extended workers' compensation coverage to volunteer officers and the plaintiff had previously received workers compensation benefits for several injuries, that did not transform him into an employee for disability discrimination purposes. Estrada v. City of Los Angeles, #B242202, 2013 Cal. App. Lexis 581.
     A volunteer fireman claimed that she was subjected to on the job sexual harassment. A federal appeals court upheld the dismissal of her claim, finding that she was not an "employee" for purposes of Title VII because she did not receive remuneration. Any benefits she received were entirely incidental to her volunteer services. Juino v. Livingston Parish Fire District No. 5, #12-30274, 2013 U.S. App. Lexis 10934 (5th Cir.).
     Alabama rules that public money or property can be donated to volunteer rescue squads and fire departments. Opinion of the Justices #261, 373 So.2d 290 (Ala. 1979).


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