fbpx

Personality Traits Not Protected By ADA

Kent Donley was a police officer with the Village of Yorkville in New York. On July 5, 2011, the Village mayor and the board of trustees were presented with a written complaint from a resident regarding an incident with Donley. The complaint alleged that Donley had approached the resident and her daughter in the resident’s fenced-in backyard at approximately 10:30 p.m., and that Donley had shined a flashlight at…

Read More

Officer’s Monocular Vision Not Protected By The ADA

Carlos Melo began working as a police officer for the City of Somerville, Massachusetts in 1997. He injured his left eye while on duty in October 2002. The following year, after multiple surgeries, he returned to work without restrictions. In 2007, he became a station officer, which required him to answer police calls, run criminal history checks, and monitor prisoners. Additionally, he was required to be able to perform…

Read More

Seniority Prevails Over ADA For Day Off Selection

Natasha McIntyre was a sergeant with the Washington Metropolitan Area Transit Authority. McIntyre worked the day shift, which runs from 6:00 a.m. to 2:00 p.m., due to her seniority. In February 2016, McIntyre’s drug test revealed the presence of amphetamines. McIntyre had been prescribed the drug Adderall to treat her ADHD. She contacted Metro regarding possible accommodations for her ADHD. As accommodations for McIntyre’s disability, her doctor recommended: “(1)…

Read More

The ADA And Light-Duty Jobs

Repeating a result that has been reached many times in courts across the country, the federal Second Circuit Court of Appeals has illustrated how difficult it is for public safety employees to claim that their employers should accommodate their disabilities by assignment to a light-duty position. The case involved Sergeant Michael Garvey of the Town of Clarkstown, New York. Garvey suffered a knee injury while on duty, was placed…

Read More

Court Finds Brain Injury Is Not Physical Incapacitation

While he was on duty on August 12, 2014, Baltimore Police Officer Carlos Couret-Rios was in a car that was rear-ended. His head snapped forward and back and he briefly lost consciousness. When he regained consciousness and got out of the car, he experienced severe vertigo. A physician diagnosed him with post-concussion syndrome and prescribed vestibular therapy to improve his balance and reduce the problems related to dizziness. While…

Read More

Failure To Follow Through On Alcohol Treatment Legitimate Basis For Discipline

While working as an Omaha Police Department (OPD) officer, Jason Christensen sought leave under the Family and Medical Leave Act (FMLA) to get treatment for his alcoholism. He was granted FMLA leave in April 2015, until he exhausted his leave on or about July 18, 2015. Christensen sought voluntary inpatient alcohol treatment at Valley Hope of Omaha, an addiction treatment center, from April 26, 2015, through May 17, 2015….

Read More

Wearing Protective Mask Reasonable Accommodation For Corrections Officer

Monica Berry worked for the Illinois Department of Corrections as a corrections officer at the Logan Correctional Center. In February 2013, the Department granted her leave under the Family Medical Leave Act due to her asthma, which rendered her partially unable to do her job. Her asthma was exacerbated by potential irritants, specifically pepper spray. Although Berry was never exposed to the spray at work, it was used with…

Read More

HIPAA Forms Can Violate Americans With Disabilities Act

John Nawara is a corrections officer with the Cook County Sheriff’s Office in Illinois. From 2002 to 2007, he was on a special team in the Cook County Jail called the Special Operations Response Team (SORT). After members of SORT supported a candidate who challenged Sheriff Tom Dart in the primary election, SORT was disbanded. Twenty-one members of SORT, including Nawara, successfully sued the County and Dart. By late…

Read More

ADA Does Not Give Dispatcher Right To Bring Dog To Work

Stefanie Maubach is a dispatcher for the City of Fairfax, Virginia. Her job includes answering emergency calls, receiving and transmitting radio and telephone messages, and dispatching police and other emergency personnel when needed. Maubach worked the night shift with another dispatcher. In February 2016, Maubach asked her lieutenant if she could bring her dog to work. Maubach told her lieutenant that having her dog, Mr. B, at work would…

Read More

ADA Does Not Require Light Duty Jobs For Police

Michael Garvey is a sergeant for the Town of Clarkstown Police Department in New York. Garvey suffered from serious problems with his left knee, including an on-the-job injury and a pre-existing “gouty” condition. Garvey’s doctor concluded that “light duty” would be an option if available. Eventually, Garvey stated that his knee condition was permanent and that he could not perform the various functions of a police officer. The Police…

Read More

Court Finds Fitness-For-Duty Evaluations Violate The ADA

The Port Authority of New York and New Jersey is an interstate governmental agency that operates transportation facilities in the New York metropolitan area, including airports, bridges, tunnels, train, bus, and marine terminals, as well as the World Trade Center site. The Authority’s rank-and-file police officers are represented by the Port Authority Police Benevolent Association (PBA). The parties’ collective bargaining agreement, known as a Memorandum of Agreement (MOA), allows…

Read More

Taser Exposure Not Essential To Job Of Detective

Jacqueline Lewis, an African-American police detective in Union City, Georgia, was terminated abruptly from her position in 2010, after about ten years of service. In January 2009, Lewis suffered a small heart attack. The episode was unusual in that a cardiac catheterization showed “no clot and no disease” in Lewis’s heart, although heart attacks generally are caused by a “clot inside the coronary arteries.” And while Dr. Arshed Quyyami,…

Read More

Contract Takes Precedence Over ADA Accommodations

Linda Faulkner was a corrections officer with the Douglas County, Nebraska Correctional Center. On August 6, 2012, Faulkner was involved in an inmate altercation. She suffered a left shoulder strain, hand contusion, contusion of the lumbar region, and a lumbar strain. After these conditions resolved, Faulkner discovered that she suffered from cervical spondylosis with radiculopathy. Faulkner’s doctor determined that the condition was not job-related, but was instead the result…

Read More

Police Lieutenant Must Be Able To Work Outside Office

Humberto Valdes was a lieutenant in the City of Doral, Florida Police Department. All lieutenants in the Department worked eight-hour shifts; Valdes was assigned to the afternoon shift. While on duty in March 2009, Valdes was involved in a car crash. After the crash, Valdes developed a panic disorder and began seeing a psychiatrist for treatment. From April through August 2009, the psychiatrist recommended that Valdes work on light…

Read More

Firefighter Loses ADA Claim

Robert Adair was a firefighter with the City of Muskogee, Oklahoma. Adair injured his back during a training exercise. As a result of his injury, Adair completed a functional-capacity evaluation that measured and limited his lifting capabilities. After two years on paid leave, Adair received a workers’ compensation award definitively stating that Adair’s lifting restrictions were permanent. The same month he received his award, Adair retired from the Muskogee…

Read More

ADA Does Not Require Day Shift Assignment For Trooper

Jesse Kirincich was a trooper with the Illinois State Police (ISP). Kirincich has suffered from Type 1 diabetes since she was a child. In August 2011, the Illinois State Police hired Kirincich. It was aware of Kirincich’s diabetes before hiring her. At the time of her hiring, Kirincich’s diabetes appeared to be well controlled. For 13 years, an endocrinologist named Dr. Yohay has treated her, using a program that…

Read More

Pre-Employment Health History Forms Violate GINA, ADA

In one of the first decisions on the issue, a federal court has ruled that an employer violated both the Genetic Information Non-Discrimination Act (GINA) and the Americans With Disabilities Act (ADA) by requiring that all job applicants complete pre-offer health history forms. The forms required applicants to reveal whether they had consulted a doctor, chiropractor, therapist or other health care provider within the past 24 months, and to…

Read More

Q & A

From Utah Question: We are in the process of requesting collective bargaining. I have a member who is appealing a practical portion of a promotion test. He is given 10 calendar days to do so which he did, then in our city municipal code they have five calendar days to schedule a hearing, no sooner than 30 days and not more than 45 days. We just received a response…

Read More

The EEOC, The ADA, And Leave

On May 9, 2016, the EEOC published a “document seeking to provide general information to employers and employees regarding when and how leave must be granted for reasons related to an employee’s disability.” The document largely restates existing law, but in some respects calls for a reexamination of the leave policies in public safety agencies. To begin with, the EEOC has reiterated its somewhat unusual position on requirements for…

Read More

Anxiety Disorder Disqualifies Police Officer From Job

Jason Jordan was hired as a police officer by the City of Union City, Georgia in 2012. Early in Jordan’s training rotation, his supervisors became concerned about his lack of engagement in tactical situations. During a debriefing after one such situation, Jordan explained that his feelings were consistent with anxiety “episodes” or “attacks” that he had had in the past. The City immediately relieved Jordan of duty. The next…

Read More

ADA Does Not Entitle Officer To Accommodation Of His Choice

Mark Swanson was hired as a patrol officer by the Police Department of the Village of Flossmoor, Illinois in January 2000. On November 25, 2006, he was promoted to detective in the criminal investigations unit, where he worked until his career was cut short by two strokes that forced him to resign. When Swanson suffered his first stroke on July 31, 2009, he took a leave of absence pursuant…

Read More

ADA Does Not Require Light-Duty Corrections Job

Lisa Spears is a corrections lieutenant for Wakulla County, Florida. As a lieutenant, Spears supervised approximately nine officers in the medical unit, and primarily worked from 8 a.m. to 5 p.m. In November 2011, Spears was diagnosed with pre-cancer. She had her first surgery in January 2012, and, shortly thereafter, was diagnosed with cancer. She had her second surgery on March 8, 2012. On March 16, 2012, Spears received…

Read More

Q & A

From Maryland Question: Can you poll your members if they use the health care provided to them by the State or by another source (retiree benefit from another jurisdiction, spouse /partner) without violating any laws concerning privacy (HIPAA, ADA, ACA)? Answer: We’re not health insurance experts, but our take on this would be that so long as you were not obtaining any diagnostic information, there would be nothing inappropriate…

Read More

Firefighter Loses ADA Case Because Discrimination Occurred Before Change In Law

Manu Kennedy, a former District of Columbia firefighter, refused to comply with a policy requiring firefighters to be clean-shaven so that they can safely wear their respirators. Kennedy has pseudofolliculitis barbae (PFB), a skin condition that disproportionately affects African-American men and can lead to irritation and infection when shaving one’s face closely. Kennedy’s dermatologist recommended he maintain a one-eighth-inch beard to prevent irritation, but the Department did not consider…

Read More

Firefighter Loses ADA Case Because Discrimination Occurred Before Change In Law

Manu Kennedy, a former District of Columbia firefighter, refused to comply with a policy requiring firefighters to be clean-shaven so that they can safely wear their respirators. Kennedy has pseudofolliculitis barbae (PFB), a skin condition that disproportionately affects African-American men and can lead to irritation and infection when shaving one’s face closely. Kennedy’s dermatologist recommended he maintain a one-eighth-inch beard to prevent irritation, but the Department did not consider…

Read More

Powered by WishList Member - Membership Software