Nevada Firefighter Alleges Disability Discrimination

A probationary firefighter with the Clark County Fire Department has filed suit claiming the department’s refusal to extend his probationary period to allow him to recuperate from a job-related injury, constitutes disability discrimination. Matthew Gregory Vannozzi filed suit in US District Court for the District of Nevada, naming the fire department as the defendant.

Vanozzi was terminated on December 27, 2023, just 13 days short of the end of his one-year probation, and shortly after asking that his probationary period be extended. He characterizes the department’s decision not to extend his probation as a “failure to accommodate”, and his termination as retaliation for his refusal to resign. According to the complaint:

• On or about January 9, 2023, Plaintiff Matthew Gregory Vannozzi was hired by CCFD as a Firefighter Paramedic.
• At the time he was hired, Plaintiff was already an experienced firefighter having served as a firefighter for the Mount Charleston Fire Protection District for approximately seven (7) years.
• On July 9, 2023, Plaintiff graduated from the Clark County Fire Academy having met all the requirements of CCFD, and began full duty as a Firefighter Paramedic with CCFD.
• On or about September 16, 2023, while on response to a fire incident and in his line of duty as a firefighter, Plaintiff sustained disabling injuries to his left upper extremity and to his right wrist.
• While undergoing treatment for these injuries, it was also discovered on or about October 20, 2023, that Plaintiff had an ascending aortic aneurysm for which Plaintiff needed and subsequently underwent surgery as part of his medical care.
• As a result of his disabling injuries, Plaintiff required ongoing medical treatment and adequate time away from his duties as a firefighter to allow his injuries to heal, and sought and received assistance as provided under Nevada’s worker’s compensation laws.
• Plaintiff’s employer, CCFD had full knowledge of Plaintiff’s injuries, his treatment and disabilities, and the worker’s compensation claims that he made because of his injuries.
• Additionally, CCFD was informed of Plaintiff’s injuries immediately after they occurred, including the nature and extent of the injuries, the disabling nature of the injuries, and that Plaintiff would need ongoing treatment which included time away from work as a firefighter in order to recover from his injuries.
• Plaintiff requested accommodation from CCFD in order to follow his treatment plan, which included an extension of his one-year probationary period as a new firefighter for CCFD.
• Upon information and belief, CCFD provided accommodation to other injured firefighters […. who] were injured on the job.
• Unlike Plaintiff, [they…] were granted accommodation by CCFD by having their probationary periods extended to allow them time to recover from their injuries.
• Despite the seriousness of his injuries and requests for accommodation, CCFD refused to provide any accommodation to Plaintiff and refused to extend his probationary period.
• Instead, CCFD told Plaintiff that because of his injuries he did not meet Clark County Fire Department standards, and that he must thereby voluntarily resign from his position as Firefighter Paramedic.
• Plaintiff was further told by CCFD, without any rational basis or explanation, that even if he was provided an extension of his probationary period, and even if he did fully recover from his injuries and returned to full duty, he would surely fail to pass his one-year probationary period anyway.
• When Plaintiff refused to resign his position as a Firefighter Paramedic at CCFD, his employment was terminated on December 27, 2023, just 13 days before completing his one-year probationary period.

The complaint alleges disability discrimination under the Americans with Disabilities Act, retaliation, hostile work environment, negligent infliction of emotional distress, intentional infliction of emotional distress, negligent training and negligent supervision. Here is a copy of the complaint: