Firm wins Third Circuit Appeal under ADA and due process requirements for government employees

On November 30, 2011, the United States Court of Appeals for the Third Circuit affirmed the district court’s summary judgment order in favor of one of Elliott Greenleaf’s municipal clients against a former employee who claimed his failure to be promoted and subsequent termination by the Municipality were the result of discrimination and retaliation on the part of Kingston officials. In affirming Judge Caputo’s summary judgment order, the Court of Appeals agreed with Elliott Greenleaf that Plaintiff’s failure to utilize the grievance process in the collective bargaining agreement was fatal to his claim that he was denied due process in his termination. The Court further held that Elliott Greenleaf had shown that Plaintiff had failed to establish a claim of discrimination under the Americans with Disabilities Act because he was not a “qualified” individual under the Act. John G. Dean, Mark W. Bufalino and Paul A. Galante of the Firm’s Wilkes-Barre office represented Kingston and its officials.