Deputy Jeffery Bell is employed by the Broward County Sheriff’s Office (BSO) in Florida and serves as the president of Local 6020 of the International Union of Police Associations. The collective bargaining agreement between the BSO and Local 6020 recognized that Deputy Bell held a “full release position.” Bell was “released” from his traditional law…
On June 12, 2020, Atlanta Police Officer Garrett Rolfe and another officer were called to a Wendy’s restaurant to deal with Rayshard Brooks, who had fallen asleep in his car in the drive-through lane. The officers questioned Brooks for a half hour and conducted field sobriety tests. As the officers moved to handcuff Brooks, Brooks…
Sabrina Tice began working for the Sheriff’s Department in Lincoln County, Oklahoma as a full-time deputy in 2012. Charlie Dougherty was the elected Sheriff. Tice’s husband, John Tice, also worked as a deputy with the Department. In 2015, Mr. Tice was indicted on criminal charges related to an alleged excessive use of force. Given the…
While Nickolas Forrest was employed with the police department in Haltom City, Texas, officers and supervisors began mocking his religion. Forrest is a member of The Church of Jesus Christ of Latter-day Saints, commonly referred to as the Mormon Church. He reported the problem to higherups. Shortly thereafter, the Department assigned an internal affairs officer…
Sholanda Miller was a police officer with the Washington, D.C. Metropolitan Police Department (MPD). Miller lived with Eric Shorts, with whom she was romantically involved. During an investigation of a drug distribution enterprise, the FBI wiretapped Shorts’ telephone. In recorded calls, Shorts disclosed recent criminal activity to Miller and thanked her for informing him of…
Detroit Police Officer Adeela Green, who is African American, was supervised by Lieutenant James Cashion, who is white. On April 16, 2016, Green and her partner were dispatched to address debris falling from an abandoned building that was creating a traffic hazard. Cashion arrived at the scene and deployed barricades to block a parking lane…
Phyllis Sloan is a firefighter for the Miami-Dade County Fire Rescue Department. Sloan contends that she is physically disabled as a result of chronic lateral epicondylitis in her right elbow, plantar fasciitis and acute bronchial spasms. Sloan filed a charge with the EEOC complaining of discrimination based on her sex and physical disabilities in 2015.…
Employment discrimination lawsuits require a measurable amount of harm towards an employee or an applicant, harm usually quantified by the phrase “adverse employment action.” Some employer decisions – terminations, refusals to hire, demotions, suspensions, etc. – easily fall into the rubric of “adverse employment action.” But what of transfers, particularly where an employee’s transfer request…
James Cleavenger was a public safety officer for the University of Oregon Police Department from March 2011 to October 2012, when his employment was terminated. Cleavenger sued the University, contending that the Police Chief retaliated against him for engaging in protected speech in violation of his First Amendment rights. A jury agreed with Cleavenger, and…
Many civil rights laws require that an employee show an “adverse employment action” to gain the protections of the law. One issue that arises with some regularity is whether the denial of a transfer request qualifies as an “adverse employment action.” A recent case involved Kyll Lavalais, the only black officer with the Village of…
Many “retaliation” cases follow the same general structure. First, the employee must present a prima facie case by showing that (1) he engaged in an activity protected by the First Amendment, (2) he suffered an adverse employment action, and (3) the protected conduct was a “substantial or motivating factor” in the employer’s decision to take…
Laura Goodman was hired on September 8, 2003, as the deputy police chief for the City of Brooklyn Center, Minnesota. Over time, the relationship between Goodman and the Police Chief deteriorated to the point where the Chief gave Goodman a negative performance evaluation and placed her on a 90-day work plan. Before the 90-day period…
To be successful, an employee bringing a discrimination complaint under Title VII of the Civil Rights Act must show that he or she suffered an “adverse employment action” as a result of the discrimination. Not every disciplinary action amounts to an “adverse employment action,” as Officer Christopher Wade of the District of Columbia Metropolitan Police…
