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).