Officer’s Conduct, Not Race, Produced Discipline

Dana Harge is a patrol officer for the New York City Police Department. Harge sued his supervisors and NYPD, claiming his supervisors fabricated disciplinary actions against him, subjected him to heightened monitoring and scrutiny, issued him inappropriate “Command Discipline (CD),” and halted his promotional and career advancement because he is black. The federal Second Circuit…

Firefighter Schedule Change Illegal Discrimination

Anthony Copeland, a former firefighter of 26 years, was elected mayor of the City of East Chicago, Indiana in 2010. Shortly after he was elected, Copeland implemented certain cost-cutting measures to address the City’s deficit. One such effort was freezing the salaries and benefits of East Chicago firefighters, including abolishing terminal leave, freezing longevity pay…

Important To Intervene Early In Discrimination Cases

In 2015, several black firefighters sued the City of St. Louis, alleging that the City structured its 2013 promo­tional tests for the ranks of captain and battalion chief in a way that adversely and disproportionately affected black candidates. The case was settled in 2017, with the settlement changing some aspects of the City’s promotional system.…

Doctor’s Note Requirement Does Not Necessarily Trigger Discrimination Claim

Jason Cooling is a police officer in the City of Torrington, Connecticut. In February of 2004, Cooling joined the United States Marine Corps. In 2006 and 2011, Cooling served in combat in both Iraq and Afghanistan, respectively. As a result of those military tours of duty, Cooling suffered multiple disabling injuries including PTSD. On January…

Failure To Cut Hole In Roof Dooms Firefighter’s Race Discrimination Claim

Major Smith was hired by the City of Toledo, Ohio, as a firefighter recruit in 2017, and was assigned to the Toledo Fire and Rescue Training Academy. The curriculum at the Academy includes both classroom and hands-on learn­ing; recruits then take both written and practical skills examinations. The Academy gives recruits three chances to pass…

‘Two-Female’ Policy Upheld

Shonda Million was a corrections officer for the Warren County Jail in Ohio. The Jail is operated by the Sheriff’s Office. It houses minimum, medium, and maximum security adult inmates of both sexes. Between September 2012 and August 2015, the Jail employed 17–23 female officers and roughly 33–35 male officers, not counting supervisors. The Jail…

Employer Can Be Liable For Discriminatory Bad Job Reference

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…

City Can Be Liable For ADA Violations Of Third-Party Evaluators

When Christopher Gibbs applied to be a Pittsburgh policeman, he passed the written test and got a conditional job offer. After that, Pennsylvania Law required him to “be personally examined by a licensed psychologist and found to be psychologically capable of exercising appropriate judgment or restraint in performing the duties of a police officer.” When…

Firefighter Loses Discrimination Verdict On Appeal

In 1987, the Miami-Dade Fire Rescue Department hired Faye Davis, an African American female, as a firefighter. Beginning in 2007, Davis took the promotional exam to become a Chief Fire Officer (CFO) four years in a row but was not promoted. Davis sued, claiming she was the victim of race and gender discrimination. The parties’…

Last Chance Agreement Can Waive Title VII Discrimination Claims

Michael Snowden is an African American male who formerly worked as a sergeant for the United States Park Police (USPP) supervising other law enforcement officers in the Communications Section. While working a shift in August 2004, Snowden received a call from his relative, Brian Lamont. On the call, Lamont asked Snowden for the registration information…

The Need For Very Close ‘Comparators’ In Discrimination Cases

Nicole Wells was a corrections officer at the Lakeland Correctional Facility in Michigan. While still on probation she was terminated for following improper security procedures while assigned to a gate and for repeated personal use of the Employer’s computers. Wells filed a discrimination lawsuit under both Title VII of the Civil Rights Act and its…

Reprimand Not Sufficiently ‘Adverse’ To Support Discrimination Suit

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…

Non-Shaving Deputy Wins Punitive Damages, Attorney Fees

Lavanden Darks is one of four black deputies with the Jackson County Sheriff’s Department in Missouri. Jackson County employs approximately 100 sworn officers. In 2014, Jackson County required all sworn officers appearing in uniform to be clean shaven with the exception of moustaches. Darks experienced pain with shaving and was medically diagnosed with an inflammatory…

‘Failure To Train’ Claim Must Show Deliberate Indifference

Jo Anne Pepitone is a police sergeant in the Lower Merion, Pennsylvania Police Department. Pepitone sued the Department, alleging that “there have been numerous sexually charged rumors circulating throughout the police department that have contributed to creating a sexually hostile and gender discriminatory hostile work environment,” including rumors that Pepitone had “sexual relationships with her…

No Retaliation If Decision-Maker Unaware Of Protected Activity

Aubrey Lyons is an African-American corrections officer with the Michigan Department of Corrections. After being transferred in 2012 to the Macomb Correctional Facility, Lyons allegedly began to experience various incidents of discrimination by his white supervisors. Lyons filed his first internal discrimination complaint against the Department in January 2015 in response to being disciplined for…

Court Upholds Officer’s $500k Judgment Against Sergeant

Officer Detlef Sommerfield works for the Chicago Police Department. Sommerfield was born and raised in Germany, where some of his family members had died in concentration camps during the Holocaust. At some point he emigrated to the United States, settled in Chicago, and joined the CPD. His supervisor was Sergeant Lawrence Knasiak. As the federal…

No ‘Error Too Obvious To Be Unintentional’ On The Money Train

Tiffany Washington, an African American woman, served as a sergeant in the Metro Transit Police Department from 2008 to 2016. The Department is a unit of the Washington Metropolitan Area Transit Authority (WMATA), which operates trains and buses in and around the District of Columbia. Washington worked at WMATA’s Revenue Collection Facility in Alexandria, Virginia,…

Requiring Pregnant Officer To Use Up Leave Violates Discrimination Law

Officer Kathleen Delanoy works for the Ocean Township Police Department in New Jersey. When Delanoy found out she was pregnant with her second child, she informed her supervisors her doctor recommended she be taken off patrol. She asked to be transferred to a light-duty or less strenuous position within the Department. She was consequently assigned…

Firefighter Fired For Refusing Vaccination, Accommodation

Brett Horvath was employed as a driver/pump operator by the City of Leander Fire Department in Texas. Horvath is an ordained Baptist minister and objects to vaccinations as a tenet of his religion. In 2014, two years after he was hired, the Department adopted an infection control plan that directed fire department personnel to receive…

Subjective Hiring Criteria For Fire Chief Are Not Necessarily Illegal

When the City of Americus, Georgia failed to hire Roderick Jolivette as its fire chief, Jolivette sued, claiming he was discriminated against because he is African-American and in retaliation for suing his former employer for unlawful employment practices. A federal trial court found that the legitimate, nondiscriminatory reasons the City proffered for hiring Roger Bivins,…

Who Are ‘Comparable Employees’ For Discrimination Purposes?

Most discrimination cases follow a three-step process first described by the Supreme Court in McDonnell-Douglas Corp. v. Green, 411 U.S. 792 (1973). Under the McDonnell-Douglas framework, the employee bears the initial burden of setting forth a prima facie case of discrimination. The burden then shifts to the employer to articulate a legitimate, nondiscriminatory reason for…