ADA

A lawsuit filed by a Los Angeles County firefighter challenging the COVID19 vaccine mandate as violating the Americans with Disabilities Act, has been dismissed. Marcia Wilson filed suit in April contending that she was being discriminated against on account of a perceived disability.

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An Illinois fire chief who was terminated in 2021 has filed suit claiming the fire district violated the Americans with Disabilities Act and the Family Medical Leave Act. John R. Nixon served as fire chief for the Fox River and Countryside Fire Rescue District from 2016 til his dismissal on August 23, 2021.

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In this episode of Fire Law Roundup for June 20, 2022, Brad and Curt discuss a court ruling upholding the termination of a Hunstville, TX firefighter; the indefinite suspension of a San Antonino captain for waiving a handgun at colleagues; a disability discrimination suit by an FDNY EMT terminated for not getting a COVID vaccine; the dismissal of a retaliation suit by a LAFD firefighter; and concerns about an uptick in lawsuits against fire while assisting police.

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A lawsuit filed by a Hunstville firefighter who was terminated in 2019, has been dismissed. Jason January claimed his termination was on account of his disability, his age, and in retaliation for his filing a complaint with the EEOC.

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An EMT with FDNY who was terminated in April has filed suit claiming she is being discriminated against on account of a perceived disability. Giovanna Gonzalez filed suit claiming the city violated the Americans with Disabilities Act and the Americans with Disabilities Act Amendment Act.

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In this episode of Fire Law Roundup for June 20, 2022, Brad and Curt discuss a lawsuit filed by a group of San Francisco firefighters fired for not complying with the vaccine mandate; a ruling upholding the termination of an Indianapolis firefighter who alleged a disability discrimination; a ruling dismissing a suit against the New Haven FD’s lottery system for tie breaking; OSHA citations against an Illinois FD following a Mayday bailout; and a new law in New York regulating photo-taking.

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An Indianapolis firefighter who was terminated in 2020 for being absent without leave, has lost his federal court lawsuit. S.N. claimed the department violated the Americans with Disabilities Act, the Rehabilitation Act, and 42 U.S.C. § 1983, plus committed wrongful termination, negligent infliction of emotional distress, negligent supervision, and intentional infliction of emotional distress.

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A Rhode Island fire lieutenant who was on extended sick leave when the department announced a promotional examination for captain, has filed suit against the fire department and his own union claiming their refusal to provide an accommodation to him violates the Americans With Disabilities Act.

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A lawsuit filed by a deaf applicant will be moving forward, despite a motion to dismiss by the defendant-fire department. Charles Hine sought to serve as a volunteer firefighter and EMT with the Morningside Volunteer Fire Department, part of the Prince George’s County Fire Department. He previously served as a volunteer in Pennsylvania, despite his hearing impairment.

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A Buffalo firefighter who is challenging his termination for use of prescription medical marijuana, is the focus of indepth investigative reporting by WIVB Channel 4. Scott Martin, a 12-year veteran of the Buffalo Fire Department, was terminated on February 23, 2021 following a drug test on February 5, 2021.

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Six Washington state firefighters who claim they are entitled to a religious exemption from the state’s COVID vaccine mandate, have filed a class action lawsuit against two King County regional fire organizations, at least 20 municipalities, 19 fire chiefs, and the county medical director.

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An Arizona firefighter who was terminated in 2017 following recuperation from a knee-injury, has filed suit claiming the department violated the Americans with Disabilities Act. Gregory J. Gannon was a firefighter with the Sedona Fire District.

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A federal judge has refused to issue a temporary restraining order in a COVID19 vaccine lawsuit brought by government employees, including three Spokane firefighters and several Washington State Patrol officers. FFs Travis Wise, Daniel Betz, and Jerry Lease along with 16 state employees filed suit this month claiming Governor Jay Inslee’s vaccine mandate is illegal.

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A probationary firefighter who claims he was sexually harassed and denied an accommodation for his psychological conditions has filed suit alleging sexual harassment and disability discrimination. Johnathan Schaupp filed suit today in US District Court against the City of Casa Grande Fire Department

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