Q & A

From Montana Question: Can the administration of a police department require/order an officer to have a blood draw after an OIS? Montana has no statute on the issue. What can the results be used for; administrative or criminal or both? Answer: The case that comes closest to your situation is Lynch v. NYPD, 737 F.3d […]

Firefighter Loses ADA Claim

Robert Adair was a firefighter with the City of Muskogee, Oklahoma. Adair injured his back during a training exercise. As a result of his injury, Adair completed a functional-capacity evaluation that measured and limited his lifting capabilities. After two years on paid leave, Adair received a workers’ compensation award definitively stating that Adair’s lifting restrictions […]

‘Assault Pay’ Ends With Termination

On January 21, 2008, while working for the Massachusetts Department of Correction, Mark Marchand sustained a knee injury when he intervened to protect a fellow employee from an assault by an inmate. As a result of the injury, Marchand began to receive workers’ compensation benefits as well as an enhanced benefit known as “assault pay.” […]

Houston Required To Comply With Firefighters’ Retirement Plan

The pensions for retired Houston, Texas firefighters are administered by the Houston Firefighters’ Relief and Retirement Fund. The Fund was created by a Texas statute, and is administered by a board of trustees. The role of the Board is to receive, manage, and disburse the Fund, hear and determine applications for benefits. The Act also […]

Donning And Doffing Case Allowed To Proceed

Police officer “donning and doffing” cases – lawsuits under the Fair Labor Standards Act seeking compensation for putting on and taking off required police equipment and uniforms – have received uneven treatment in the courts. One federal court of appeals – the Ninth Circuit – has ruled that donning and doffing is not compensable work […]

In Denver, Burden Of Proof In Discipline Cases Is On Officer

Labor issues in Colorado are handled under a patchwork quilt of laws. Firefighters are covered by a statewide bargaining law; police and sheriffs are not, and where law enforcement bargaining occurs, it is pursuant to local charter provisions and ordinances. Some local charters have broad definitions of what is negotiable, while others contain narrow lists […]

County Liable For Judgment Stemming From Officer’s Off-Duty Work

The University of Maryland at College Park chapter of the Omega Psi Phi fraternity hired Prince George’s County Police Officer Dominique Richardson to provide security for a Halloween party to be held at an off-campus warehouse. Richardson recruited several other officers to help provide security at the event. Although Richardson drove his personal vehicle to […]

ADA Does Not Require Day Shift Assignment For Trooper

Jesse Kirincich was a trooper with the Illinois State Police (ISP). Kirincich has suffered from Type 1 diabetes since she was a child. In August 2011, the Illinois State Police hired Kirincich. It was aware of Kirincich’s diabetes before hiring her. At the time of her hiring, Kirincich’s diabetes appeared to be well controlled. For […]

Boston Hair Testing Not Reliable Enough

Between 2001 and 2006, as part of the Boston Police Department’s random drug testing program, ten officers submitted hair samples that tested positive for cocaine. In response, the Department terminated their employment. The ten officers appealed the terminations to the Massachusetts State Civil Service Commission. After extensive hearings, the Commission issued a decision upholding the […]

Transsexual Officer Wins Discrimination Lawsuit Over Bathroom Use

The Clark County, Nevada School District hired Bradley Roberts as a campus monitor in 1992. At that time, he was known as Brandilyn Netz. In 1994, Roberts moved to a police officer position. Roberts held that position without incident for seventeen years. In 2011, Roberts began dressing for work like a man, grooming like a […]

Pre-Employment Health History Forms Violate GINA, ADA

In one of the first decisions on the issue, a federal court has ruled that an employer violated both the Genetic Information Non-Discrimination Act (GINA) and the Americans With Disabilities Act (ADA) by requiring that all job applicants complete pre-offer health history forms. The forms required applicants to reveal whether they had consulted a doctor, […]