Archives for February 2017

By Jim Cline and Erica Shelley Nelson

Representing the Injured or Disabled Member

Part 31: An Introduction to Workers Compensation and the Injured Public Safety Officer

This article is the 31^st  in a multiple part series covering the rights your injured and disabled members have and how you, as a union or guild representative, can best assist them. You may also consult an experienced workers compensation lawyer if you have legal inquiry. Over the several weeks and continuing for the next several weeks, we’ll be publishing, in various segments, information on how state and federal laws protect your members who are hurt or otherwise unable to work. We’ll cover topics including disability discrimination law, the FMLA, job protection rights under the CBA, workers compensation, disability benefits, and the right to bring a civil lawsuit.

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By: Jim Cline & Harrison Owens

In Brownell v. Snohomish County Public Utility District No. 1, a Washington Court of Appeals reversed the trial court’s dismissal of a former public utility employee’s disability discrimination lawsuit. In his complaint, the worker claimed that he was terminated for violation of work rules that were selectively enforced against him. The Court of Appeals found that the selective enforcement of the rules and lack of negative performance reviews showed that the worker may have a valid claim for disability discrimination. Therefore, the Court of Appeals reversed the trial court’s dismissal of the worker’s claim and allowed him to bring his claim to trial.

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By Loyd Willaford and Mathias Deeg

In Kelley v. Amazon.com, Inc., the U.S. Court of Appeals for the Ninth Circuit held that a disabled Amazon.com customer service associate could not bring a failure-to-accommodate claim because she could not perform the essential functions of her job even with reasonable accommodations

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