ADA

An Alabama battalion chief who was unable to return to full duty after a motor vehicle accident and a separate work-related injury, has lost his federal court lawsuit alleging the city discriminated against him. BC Jay Hawthorne filed suit last year against the City of Prattville, claiming the city ’s failure to accommodate his light duty needs constituted both disability and age discrimination.

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A former Marine captain who was hired in 2019 by FDNY has filed suit claiming that he was hazed during his initial assignment and retaliated against when he complained. Charles Hughes filed suit last month in US District Court for the Eastern District of New York alleging an assortment of federal and state law discrimination claims.

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A former probationary firefighter with the LAFD who claims he was hazed and harassed by fellow firefighters to the point of seeking help from a psychologist, has filed suit claiming disability discrimination and retaliation. Daniel Eble filed suit yesterday in LA County Superior Court under the California Fair Employment and Housing Act.

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The Appellate Division of the NJ Superior Court has upheld a verdict in favor of the Cranford Fire Department’s decision not to hire a firefighter who failed a psych exam. The suit was brought by Frank Rivera, who was passed over for a career position despite having served as a call firefighter for many years.

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A probationary Tucson firefighter who was terminated in 2015, has lost the appeal of his wrongful termination suit. Michael Burroughs sued the city claiming he was retaliated against because he filed a workers’ comp claim and because he was the victim of disability discrimination.

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A California fire chief who was terminated last year has filed suit alleging wrongful termination and an assortment of employment related counts. Larry Whithorn, who was promoted to fire chief in West Covina in December, 2014, was terminated by the city on April 22, 2019.

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A judge has ruled that an Illinois firefighter who resigned after being diagnosed with epilepsy has not been discriminated against by his former fire department. Derek Reihart claimed he resigned because the Hanover Park Fire Department refused to accommodate his medical condition.

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The City Council of Pittsburgh has introduced a resolution to settle a disability discrimination lawsuit brought in 2018 by a fire lieutenant who suffers from epilepsy. Lt. Robert Mahouski sued under the ADA claiming the city wrongfully refused to allow him to return to full duty after he slipped and fell down stairs while responding to the call.

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A federal judge has ruled that FDNY must reinstate an accommodation granted to African American firefighters suffering from Pseudofolliculitis Barbae that permits facial hair in the chin, cheek and neck area provided it does not cause leakage around the mask's seal. The firefighters filed suit in 2018 alleging race and disability discrimination.

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A Palm Beach County firefighter has filed suit claiming he is being discriminated against by his superiors on account of a perceived psychological disability. FF Victor Hernandez filed suit earlier this month in Palm Beach County Circuit Court alleging a violation of the Americans with Disabilities Act.

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The city of Minneapolis has agreed to settle a lawsuit filed by a former firefighter over the city’s refusal to allow him to wear sneakers on duty for medical reasons. FF Keith Daniel injured his ankle while on duty back in 2011. The injury required surgery to repair a torn ligament.

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A newly hired Los Angeles firefighter who was terminated last year for allegedly lying about his medical history has filed suit against the city and his previous employer, the Riverside Fire Department, accusing them of violating California’s Fair Employment and Housing Act and several torts.

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A Louisiana fire captain who was terminated in 2018 has filed suit claiming the fire department failed to accommodate his cardiac related disability by, among other things, not promoting him to District Chief or Chief of Administration. Darrin J. Guzzardo was a captain with the St. Tammany Parish Fire Protection District No. 12.

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A Massachusetts firefighter who was terminated in 2017 has filed suit in federal court alleging decades of discrimination, harassment and retaliation. Lieutenant Craig Erickson filed suit against the Town of Rockland last week.

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