FILING OR DEFENDING AN ADA CLAIM
FIRE SERVICE COURT
One of the most common legal questions firefighters ask is how to file a claim under the Americans with Disabilities Act (ADA) when they have suffered discrimination because of a disability. Conversely, two of the most common legal concerns of fire service organizations are how they can protect themselves from claims filed under the ADA and how to defend against a charge of disability discrimination when a firefighter files a claim.
When a firefighter believes he has been discriminated against because of a disability, several methods of tiling a claim are available, depending on the type of organization and the discriminatory situation. Firefighters should lxaware that there arcfive titles under the ADA; action under each title requires the complainant to file through specific federal agencies. To date, a majority of claims filed have involved discrimination in the area of employment, which involves Title I of the ADA. Under Title 1, the appropriate agency through which to file a claim is the Equal Employment tfpportunity Commission (EEOC).
FILING A CLAIM
Firefighters should lxaware that Title I. like the other titles uinier the ADA, specifies that a claim of disability discrimination lx filed within a relatively short time period (normally 180 days) of the date the discriminatory act ixcurs. Failure to file within the specified time period normally bars the firefighter from filing a claim or pursuing other legal recourse.
To file a claim with the EEOC in most areas of the country, the firefighter simply contacts the agency and completes a onepage form describing the alleged discrimination. Once the claim form is completed and filed, the EEOC is given a perkxl of time (usually six months) to contact the employer and investigate the alleged discrimination. At the end of the investigation, the EEOC can either pursue the claim for the firefighter or provide a “right to sue” notice to the firefighter, which permits the firefighter to acquire legal representation and pursue an action in a court of law.
Firefighters should be aware that the ADA and the FECK! promote the use of alternate dispute-resolution methods, such as mediation, to resolve claims of disability discrimination between the parties. Firefighters also should be aware that a substantial amount of time may pass before the agency renders a decision at the initial level. It is not unusual for a claim to take a year or more from beginning to end.
DEFENDING AGAINST CLAIMS
For fire service organizations, the simple answer to how to protect themselves is to comply with all applicable provisions of the ADA. (Remember, fire service organizations with 25 or more employees arcrequired to be in compliance as of July 26, 1992, and employers with 15 or moreemployees are mandated to comply byJuly 26, 1994.) Documentation of compliance efforts is vital. Such dixumentation may include written job descriptions; a written compliance program; and dixumentation regarding modifications made to facilities, policies/procedures, and equipment.
If a claim of disability discrimination under Title I is filed against your fire service organization, answering a few simple questions can help clarify the claim’s validity:
- Was your organization required to comply with the ADA at the time of the alleged discrimination?
- Is the individual who filed the claim a member of your fire service organization?
- IXxs the individual who filed the claim possess a permanent mental or physical disability?
- Dixs the individual who filed the claim possess a record of the permanent mental or physical disability?
- Has the individual who filed the claim been discriminated against because of a physical or mental disability of someone associated with him or her?
- Has the individual who filed the claim been treated or been perceived as if he or she possessed a mental or physical disability?
Upon being notified by the EEOC or other government agency that a claim has been filed, the fire service organization should be prepared for an investigation of the alleged discrimination. This investigation may include an evaluation of records, interviews of other employees, and observation of the workplace. Prudent fir£ service organizations may want to alert legal counsel upon notice of a claim and have that counsel present during this investigation. Remember, once a claim of disability discrimination is filed, the burden of prixf is on the fire service organization.
Firefighters as well as fire service organizations should be aware of their rights and responsibilities under the ADA. ThtH best methixl to avoid cost and hardships for both parties is to ensure that your fire service organization is in compliance with all provisions of the ADA.
