01-2219 Miller, et al. v. City of Indianapolis

By: dmc-admin//February 25, 2002//

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“Everyone in either group is a member of the military, which raises the fundamental question as to how a policy can have a disparate impact on certain people because of their military status and at the same time give an unfair advantage to another group of people because of their military status? The answer is that it cannot.

“Any disparity in this case does not arise because of military service. The benefit arises from military service. The fact that, even though the benefit is equally distributed, it does not cover all of the duty time of suppression firefighters is not a result of their military service. They would not receive any of it except for their military service. Rather, that 120 hours may not allow them paid leave for all of their duty obligations is a result of their work schedules.”

Affirmed.

Appeal from the United States District Court for the Southern District of Indiana, McKinney, J., Evans, J.

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