Federal Court Extends Disability Discrimination Protections to TSA Screeners
A common wrongful termination scenario in Georgia involves an employer retaliating against an employee for engaging in a legally protected activity. For example, if you are the victim of sex discrimination at work and report the offending conduct to your boss, they cannot turn around and fire you simply for making the complaint. That is an example of illegal retaliation.
Panel Overrules Prior Decision on Rehabilitation Act
The United States Court of Appeals for the 11th Circuit, which has federal appellate jurisdiction over Georgia, recently addressed whether federal law protected employees of the Transportation Security Administration (TSA) from retaliatory firings. In this particular case, Simone v. Secretary of Homeland Security, a TSA screener alleged he was illegally fired because he filed a complaint regarding disability discrimination. Such discrimination is prohibited under the Rehabilitation Act, a law that mirrors the Americans with Disabilities Act (ADA) with respect to federal government employees.
According to the plaintiff’s lawsuit, the TSA determined that he was “no longer medically qualified” to work as a security screener due to a heart condition. The plaintiff alleged this violated the Rehabilitation Act for several reasons, including retaliation for him requesting a “reasonable accommodation” for his condition.
A federal trial court in Florida dismissed the plaintiff’s lawsuit based on a 2006 decision from the 11th Circuit, Castro v. Secretary of Homeland Security. In that case, the Court said that another federal statute, the Aviation and Transportation Security Act (ATSA), barred TSA screeners from filing disability discrimination claims under the Rehabilitation Act. Essentially, the ATSA exempted the TSA from having to accommodate a security screener’s medical condition.
But as the 11th Circuit explained in its Simone decision, Congress subsequently passed the Whistleblower Protection Enhancement Act (WPEA) in 2012. This statute “explicitly subjects the TSA to Rehabilitation Act claims.” While the WPEA did “not explicitly overrule ATSA’s bar on [TSA screeners] bringing Rehabilitation Act claims,” there was an “irreconcilable conflict” between the two laws. Consequently, the 11th Circuit held that its prior Castro decision was no longer valid. The Court therefore returned the plaintiff’s lawsuit to the district court for further proceedings.
Have You Been Fired for Engaging in Protected Activities?
Most Georgia private sector employees enjoy legal protections against retaliatory firings. A public or private employer cannot fire you, or take any other adverse employment action against you, if you complain about employment discrimination to a supervisor. Nor can your employer retaliate if you hire an Atlanta employment law attorney to represent and advocate on your behalf. Even if your employer has grounds for disputing your employment discrimination claim, they can still be held liable for engaging in retaliation.
Despite these legal protections, many Atlanta workers are understandably reluctant to come forward with discrimination allegations due to fear of retaliation. If that describes your situation, contact The Forsythe Law Firm, LLC, today at 404-476-2717 to schedule a confidential consultation with attorney Christine Forsythe.
Source:
scholar.google.com/scholar_case?case=11256650678562321702
