Lowell Captain Prevails in Unusual Discrimination Suit

Posted by: Curt Varone December 27, 2010 0

A retired Lowell, Massachusetts fire captain has won a discrimination lawsuit against the Lowell Fire Department for refusing his request to be reinstated.

The complicated story began in 1997 when Captain James McLaughlin was given a disability pension due to an asthma condition. Four years later, when his condition had improved, he requested to be reinstated.

The fire department declined to rehire McLaughlin despite the fact that a state appointed "restoration to service" medical panel examined McLaughlin and found him to be fit.  The panel’s determination should have required to city to rehire McLaughlin to fill the next available captain’s position.

A Middlesex County Superior Court jury awarded McLaughlin $350,000 in damages earlier this month, finding the city illegally discriminated based upon his asthma condition.

More on the story.

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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