A volunteer at a county center for nursing and rehabilitation was dismissed because he had engaged in sexually harassing and erratic behavior towards members of the staff. He argued that terminating him was disability discrimination because he had been diagnosed with Pervasive Developmental Disorder. The court found that even if that condition could be considered a disability, his sexually harassing actions made him unqualified to perform an essential function of his job, relating properly with other people in the program. It constituted a legitimate and non-discriminatory cause for firing him, even if it could be argued that his behavior was caused by his disability. McElwee v. County of Orange, #11-4366, 700 F.3d 635 (2nd Cir. 2012).
     A law enforcement cadet enrolled in a training academy was terminated for allegedly making sexual remarks to female cadets as well as falling asleep in class and showing up late. Addressing his complaint that he was improperly denied a name clearing hearing on the sexual harassment accusations, a federal appeals court agreed that even an at will public employee has a right to notice and an opportunity to be heard when they are fired "in a manner that creates a false and defamatory impression about him and thus stigmatizes him and forecloses him from other employment opportunities." In this case, however, the ex-cadet did not demonstrate that the sheriff had publicized the allegedly defamatory statements about him and why he was being fired. Bellard v. Gautreaux, #10-31266, 2012 U.S. App. Lexis 5436 (5th Cir.).
     An African-American correctional employee failed to show that he was terminated because of his race after he was accused of sexually harassing a female co-worker. There was no proof that the plaintiff was treated differently, on the basis of race, than others accused of sexual harassment. Another employee accused of harassment was not terminated, but this occurred as a result of engaging in a grievance process to keep his job. The plaintiff, in contrast, did not file a grievance when terminated, but instead resigned. The court also noted that the termination was supported by an internal investigation showing that the sexual harassment had occurred. Luster v. Ill. Dept. of Corrections, #09-4066, 2011 U.S. App. Lexis 14730 ((7th Cir.).
     S.C. Supreme Court upholds $750,000 defamation verdict awarded to an asst. police chief against the City Administrator. He was publicly accused of sexual harassment without just cause. Miller v. City of West Columbia, 1996 S.C. Lexis 86, 471 S.E.2d 683. [1996 FP 132]
     Article: Hope A. Comisky Esq., "Beware of the alleged harasser - lawsuits by those accused of sexual harassment," 12 (2) The Labor Lawyer (ABA) 277-290 (1996) -- [in Lexis Labor Library].
     Jury in Philadelphia awards a teacher $250,000 compensatory and $10 million in punitive damages; plaintiff was fired for sexual harassment, based upon an allegedly inadequate investigation. Chestnut v. Hill School, Phila. Co. Cm. Pleas #4581 (12/12/95). {N/R}