Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
An Illinois fire chief who was terminated by the Village of Riverside last February has filed suit against the village and a fire officer who repeatedly complained about him drinking on duty.
Fire Chief Kevin Mulligan filed suit in Federal Court on November 16, 2011 under the Americans With Disabilities Act, against the Village and Fire Captain Matthew Buckley. The suit alleges that the chief was terminated because the Village officials perceived him as being alcohol dependant based primarily on the repeated allegations of Captain Buckley.
According to the complaint, Buckley reported the chief’s drinking to the Village manager on at least three occasions, causing the Village leadership to conclude he had an alcohol dependency. On each occasion, Chief Mulligan submitted to an alcohol evaluation and was found to not be alcohol dependent. The Chief also alleges he offered to submit to alcohol testing, but was turned down.
Suing under the ADA is not usually a viable option for employees who are terminated for drugs and alcohol. However, the law recognizes an important distinction between someone who is impaired on duty and someone who is perceived as having a drug or alcohol dependency. The ADA offers no protection to someone who is impaired while on duty, even though it is the natural result of an addiction.
The ADA does protect someone who is discriminated against on the basis of a perception that they are disabled by a drug or alcohol dependency. That is the theory Chief Mulligan’s attorneys are pursuing.
The complaint is a pretty easy read (very well drafted unlike many legal pleadings) and explains the circumstances better than any of the news articles I have seen on the case. The complaint also contains a count against Buckley personally for defamation.
Here is the complaint. Mulligan v Riverside COMPLAINT
