Florida Firefighter Alleges Termination Was Disability Discrimination

A Florida firefighter suffering from an undisclosed health condition claims he was wrongfully terminated, discriminated against and retaliated against in violation of state and federal disability laws. Mark Rothenberg filed suit today in US District Court for the Middle District of Florida against Marion County Fire Rescue.

The complaint is worded in very general terms and the type of disability is not disclosed. Rothenberg alleges that his health condition is work related and was exacerbated by work. Besides violations of the Americans with Disabilities act and state disability laws, he alleges retaliation for seeking workers compensation. Quoting from the complaint:

• In or about August of 2022, health issues that Plaintiff developed on the job and which he had been dealing with for a period of time began to increase, exacerbated by his work.
• The symptoms he was experiencing from his health condition began to have an adverse affect on his work and created a challenge in performing his job duties.
• Sometime in March of 2023, Rothenberg discussed the foregoing situation with a Battalion Chief Kennedy and expressed his frustration regarding his health problems, as well as his need for time and assistance in evaluating his condition so that it could be properly addressed and treated.
• In response to the foregoing request for assistance the Battalion Commander asserted his belief that Plaintiff’s issue was a physical one that was due to his weight.
• Stunningly, instead of assisting Plaintiff, his subordinate, with the accommodation that he sought the Battalion Commander instead chose to discipline Plaintiff thereafter with a performance improvement plan (PIP).
• Plaintiff eventually obtained information regarding FMLA leave and subsequently took such a leave the following month in order to deal with the health issues that had been plaguing him, returning to duty on or about July 23, 2023.
• When Rothenberg returned from his FMLA leave he was informed by another Battalion Chief that the PIP he had initially been subjected to was allegedly done improperly and that as a result a new PIP has been put in place against him while he was out on his FMLA leave.
• Unfortunately, on August 1, 2023, Plaintiff experienced an additional health related incident that was triggered while he was performing his work duties.
• Rothenberg was thereafter taken off duty and Defendant’s human resources department mandated that he provide certain documentation that reflected his medical clearance for full-duty work within 45 days.
• At approximately the same period of time, on or about August 11, 2023, Plaintiff filed a valid worker’s compensation claim through the Defendant’s carrier representative related to the health problems he had developed while performing his employment duties.
• Plaintiff had been unable to obtain the requested documentation by September 15, 2023, and thereafter met with agents of the HR department on or about September 21, 2023.
• Rothenberg and the HR representatives discussed the possibility of light and/or transitional duty, as well as additional work duty options that Plaintiff might perform in the interim which could accommodate his physical health issues and which would allow him to return to work.
• However, during the meeting the HR representatives, A. Tart and J. James, expressed their doubt that such accommodations would be available to Plaintiff and the possibility that Plaintiff may have to be terminated.
• Rothenberg thereafter met with a clinical team designated by Defendant on or about September 24, 2023, during which light duty options were discussed.
• This meeting concluded with Defendant’s designated clinical team requesting more information so that they could more thoroughly consider the light duty options being discussed with Plaintiff.
• As a follow-up to the information sought by the clinical team, on or about September 27, 2023, Plaintiff sent an email to HR requesting more details on light duty options to address the information request sought by the clinical team.
• Rothenberg received no response to his email inquiry.
• On October 13, 2023, the Plaintiff finally received a response from Tart and James in the HR department, requesting that he set up a meeting with them on October 18, 2023, to discuss transitional/light duties.
• Unfortunately Rothenberg was unavailable on that date due to a death in his family and requested that they email him the anticipated transitional duties that might be available.
• However, instead of providing Rothenberg with the information sought for his accommodation, on October 20, 2023, the Plaintiff received an email from Defendant instead that notified him that his employment had been terminated.
• Defendant made the foregoing termination decision despite having no information that would justify any basis for Plaintiff’s employment termination.
• Rothenberg was discriminated against due to his disabling condition and retaliated against by Defendant for seeking accommodations related to same, including his FMLA leave.
• Defendant’s illegal, hostile and retaliatory treatment of Plaintiff exacerbated ongoing mental distress, and health issues, among other things.

Here is a copy of the complaint: