Washington Labor and Employment Blog
The latest case law and legal developments in Washington labor & employment law.
By Jim Cline and Peter Haller
In Tiffany Diggins v. Seattle Housing Authority, a PERC Examiner ruled that the complaining employee failed to prove employer discrimination when she alleged that her employer interfered with her connectivity and access to computer software required for work. The Examiner held that her IT access issues did not rise to the level of being an “adverse action” upon which a discrimination charge could be based.
By Jim Cline and Peter Haller
In City of Seattle, [City of Seattle, Decision 137535-A (PECB, 2024)] the PERC Commission overturned an errant Examiner ruling and held that the complaining employee suffered an “adverse action” upon which a discrimination claim could be made when he was placed on administrative leave with pay pending an investigation. The Commission partially overturned the prior dismissal of the case on these grounds by the Examiner who held that administrative leave could not be the basis for a discrimination charge. Nonetheless, the employee won that battle but lost the war when the Commission dismissed the complaint for lack of adequate proof of discriminatory intent.
By Cynthia McNabb and Kim Lowe
In Williams v. Fairfax Cnty., a District Court judge ruled that a police and fire dispatcher’s ADA suit could go forward on the theory that Fairfax County, Virginia engaged in unreasonable delay in granting the dispatcher’s request for accommodation.
By Cynthia McNabb and Kim Lowe
In Aponte v. Akima Global Services, a District Court judge ruled that the Miami, Florida-based Department of Corrections’ contractor, Akima Global, did not discriminate against its former employee when it terminated her for chronic absenteeism. Regular attendance is a valid job qualification for corrections officers and Aponte’s spinal injury prohibited her from fulfilling that job duty, among others.
By: Loyd Willaford and Mathias Deeg
In Frazier-White v. Gee, the U.S. Court of Appeals for the Eleventh Circuit held that the Hillsborough County Sheriff’s Office did not commit disability discrimination when it refused a disabled Community Service Officer’s request for accommodation through indefinite light-duty.
By: Loyd Willaford and Mathias Deeg
In Easter v. Alabama Department of Youth Services, the U.S. District Court for the Northern District of Alabama held that a jury could find that Alabama Department of Youth Services’ stated reasons for the demotion of a disabled shift supervisor were not convincing, suggesting that the Department discriminated against the supervisor.
By: Erica Shelley Nelson and Sarah Burke
In Blackburn v. Dep’t of Soc. & Health Servs., nine employees at a Washington state psychiatric hospital alleged racial discrimination after the hospital restricted job assignments. The Washington State Supreme Court found the temporary race-based restriction violated the Washington Law Against Discrimination.
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 31st 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.
By Jim Cline and Erica Shelley Nelson
Representing the Injured or Disabled Member
Part 30: Pregnancy Discrimination Rights in the “Hazardous Workplace”
This article is the 30th 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. 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. If you would like to confirm if your specific situation might be viable for building a case, consult with a discrimination lawyer to be certain.
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.
