Department of Justice Once Again Proves Its Loyalty to the President, Not the Rule of Law

AUSTIN SARAT

Austin Sarat—Associate Provost, Associate Dean of the Faculty, and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—comments on the recent news that the Justice Department will seek dismissal of charges against Michael Flynn. Sarat suggests that because the decision does not seem to advance the fair administration of justice in this case, the court should take the unusual step of refusing to grant the prosecutor’s motion to dismiss.

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Waggel v. George Washington University

Docket: 18-7181

Opinion Date: May 8, 2020

Judge: Rao

Areas of Law: Civil Rights, Constitutional Law, Family Law, Labor & Employment Law

Plaintiff filed suit against George Washington University, alleging that it violated the Americans with Disabilities Act (ADA) by failing to provide a reasonable accommodation and discriminating against her because of her illness. Plaintiff also alleged retaliation and interference claims under the Family Medical Leave Act (FMLA). Less than a year after plaintiff underwent treatment for cancer while working as a psychiatry resident at the George Washington University Hospital, she was terminated based on documented instances of unprofessionalism and deficient performance. The DC Circuit affirmed the district court's grant of summary judgment in favor of the University on all claims. The court held that plaintiff failed to request an accommodation under the ADA, choosing to seek leave under the FMLA. Furthermore, plaintiff failed to identify evidence allowing a reasonable jury to conclude that her employer discriminated against her because of her disability. The court also held that plaintiff failed to rebut the University's legitimate justifications for its actions. Therefore, plaintiff's interference and retaliation claims under the FMLA likewise failed.