Tag Archives: disability

Illinois Chief Challenges Termination As Violating ADA and FMLA

An Illinois fire chief who was terminated in 2021 has filed suit claiming the fire district violated the Americans with Disabilities Act and the Family Medical Leave Act. John R. Nixon served as fire chief for the Fox River and Countryside Fire Rescue District from 2016 til his dismissal on August 23, 2021.

Court Rejects Claims of Disability Discrimination by Indianapolis Firefighter

An Indianapolis firefighter who was terminated in 2020 for being absent without leave, has lost his federal court lawsuit. S.N. claimed the department violated the Americans with Disabilities Act, the Rehabilitation Act, and 42 U.S.C. § 1983, plus committed wrongful termination, negligent infliction of emotional distress, negligent supervision, and intentional infliction of emotional distress.

NY Appellate Court Rules Recruit Injured During Training Entitled to Disability Benefits

The Appellate Division of the New York Supreme Court has ruled that a firefighter-recruit injured during training is entitled to the same disability compensation reserved for firefighters “injured in the performance of his or her duties.” The case involves a recruit with the Norwich Fire Department, Dennis Smith.

Fired Arizona Firefighter Claims Sexual Harassment and Disability Discrimination

A probationary firefighter who claims he was sexually harassed and denied an accommodation for his psychological conditions has filed suit alleging sexual harassment and disability discrimination. Johnathan Schaupp filed suit today in US District Court against the City of Casa Grande Fire Department

Disabled Georgia Fire Lieutenant Claims City Wrongfully Changed Pension Laws To Limit Her Benefits

A Georgia fire lieutenant who was injured in the line of duty, has filed suit claiming her employer defrauded her out of disability pension benefits by changing the rules after she was injured. Lieutenant Bridgit Christensen filed suit against the City of Decatur in federal court.

Chicago Fire Discrimination Suit to Proceed

In a ruling handed down yesterday, the City of Chicago was successful in getting part of a sexual discrimination suit brought against the fire department dismissed, but the US District Court for the Northern District of Illinois has ruled that a female fire-paramedic candidate who filed an earlier suit in 2016 will be allow to pursue certain of her claims in a second suit filed last year.

Court Rules No Duty To Create Light Duty Position for Injured Battalion Chief

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.

California Fire Chief Sues for Wrongful Termination

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.

Court Rules FDNY Must Accommodate Facial Hair Despite OSHA

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.

Minneapolis Settles Sneaker Discrimination Suit for $785k

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.

NJ Supreme Court: The Term Volunteer Firefighter Is Not Limited to Volunteer Firefighters Who Are Employed

The New Jersey Supreme Court ruled today that a state statute providing workers compensation benefits to volunteer firefighters who are injured in the line of duty, includes injured firefighters who are not paid employees. The ruling reverses an Appellate Division decision that held ...

Court refuses to Dismiss Pittsburgh Lieutenant’s Epilepsy Disability Suit

A Pittsburgh fire lieutenant who sued under the Americans With Disabilities Act because he was placed on restricted duties due to concerns about his epilepsy, will have his day in court as a US District Magistrate Judge has refused the city’s request to dismiss the suit.

Hawaii Firefighter Loses Stress Related Discrimination Suit

A lieutenant who was initially demoted and then fired due to his inability to function under stress, has lost his lawsuit claiming disability discrimination. Randy L. Baab, a firefighter at the Pacific Missile Range Facility, claims he developed a stress related disability in 2014 after an assistant chief “yelled at” him during a training exercise.

NH Firefighter Alleges Age and Disability Discrimination

A former firefighter in New Hampshire is suing his company officer and his fire department accusing both of age discrimination, disability discrimination and intentional infliction of emotional distress. Benjamin P. Noyes filed suit law week against the City of Dover.

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