ADA Violated By Routine Physical, Psychological Examinations

Officer James LaCroix and Detec­tive Renee Payne-Callender are mem­bers of the Boston Police Department. On March 6, 2015, LaCroix sustained back and hip injuries while he was on duty. LaCroix was placed on leave due to his injuries and remained out of work until he was cleared to return by his doctors in December 2018, The Department notified LaCroix that he would also be required to be examined by…

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Effects Of Mandatory Psychological Exam Negotiable

In 2016, the police chief of the City of Newton, Massachusetts noted that a captain (unnamed in the Court’s opinion) had recently taken an unusually high number of personal days following recent deaths in his family and a personal injury not related to his work. Th­e Chief believed that the Captain “seemed to be a different person than he had been.” Th­e Chief ordered the Captain to undergo physical…

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City Can Be Liable For ADA Violations Of Third-Party Evaluators

When Christopher Gibbs applied to be a Pittsburgh policeman, he passed the written test and got a conditional job offer. After that, Pennsylvania Law required him to “be personally examined by a licensed psychologist and found to be psychologically capable of exercising appropriate judgment or restraint in performing the duties of a police officer.” When two of the three psychologists who interviewed him opined that he was unfit to…

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Psychological Problems From Demotion Not ‘Service Related’

Edward Marquez worked for the County of Los Angeles for approximately 20 years as an officer for the Los Angeles County Office of Public Safety. When that agency merged into the Los Angeles County Sheriff’s Department, Marquez was conditionally offered the position of deputy sheriff, provided he could establish that he was qualified for the position by passing a background check, medical and psychological examinations, and a polygraph test….

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Q & A

From New Jersey:Question: Can an employer mandate COVID-19 testing twice a week for some of its employees? And can they take a person’s saliva? Is this legal? Couldn’t they then mandate testing for other illnesses and take a person’s blood for testing? And what about a mandate that employees get the vaccine? I understand taking a person’s temperature because it does not involve taking a person’s bodily fluid. Answer:…

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Mental Evaluations Don’t All Need To Be The Same Length

Two police officers for the Kansas City, Kansas Police Department were the targets of an internal sting operation by the Department. The sting, which resulted in the arrests of the officers, was designed to catch members of a tactical police team in the act of stealing property while executing a search warrant on a residence. The officers filed a lawsuit against the Department, arguing that they did not steal…

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Firefighter Involved In Significant Case Dealing With Mandatory Medical Releases

Robert Martin has been employed for over 34 years by the Fire and Rescue Department of the City of St. Petersburg, Florida. For the past 21 years, he has held the rank of lieutenant. The collective bargaining agreement between the City and Martin’s labor organization, Local 747 of the International Association of Fire Fighters, requires employees to undergo an annual physical examination. For the past ten years, these annual…

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Police Captain Wins $1.5 Million Jury Verdict In Retaliation Claim

William Broderick was a captain with the Boston Police Department. In 1988, Broderick was elected to become president of the Superior Officers Union, a full-time position he held until 2000. For the 12 years he was president of the Union, the atmosphere between Broderick and Police Commissioner Paul Evans was one of “conflict and distrust,” including “public charges and lawsuits by Broderick, and on the Department’s side, disciplinary proceedings…

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