Cooch and Taylor’s Kevin Fasic and Katherine Randolph Witherspoon recently won a jury verdict in their client’s favor in an Americans with Disabilities Act Amendments Act (“ADA”) case in the U.S. District Court for the District of Delaware. In Tamra Robinson v. First State Community Action Agency, the jury found that Ms. Robinson was an individual with a disability as defined by the ADA because the agency’s management regarded her as dyslexic. It further found that First State discriminated against Ms. Robinson when its management failed to engage in the interactive process to determine whether Ms. Robinson could receive reasonable accommodations at her job. In addition, the jury awarded punitive damages against the agency for its management’s reckless indifference to its actions’ potential violation of the ADA.
Cooch and Taylor’s Katherine Randolph Witherspoon and Anthony Delcollo recently won a victory in a civil rights and employment discrimination litigation pending in the U.S. District Court for the District of Delaware. In the matter of Andrel Martinez v. Delaware State Police, defendant Delaware State Police moved to dismiss the action based on Title VII racial discrimination in employment and deprivation of Mr. Martinez’s right to due process before termination of his employment as a policeman. The Court found that Mr. Martinez, a Hispanic former police officer, stated a claim for employment discrimination by alleging that the Defendant treated him more severely for alleged improperly accessing the Delaware Criminal Justice Information System (“DELJJIS”) than its treatment of similarly situated non-Hispanic officers. The Court discredited the State Police’s argument that its officials were forced to terminate Mr. Martinez by the revocation of his access to DELJJIS, because the State Police had made the decision to investigate Mr. Martinez in greater depth and pursue more severe punishment than his non-Hispanic co-workers alleged to have committed the same offenses.