ADACivil SuitDiscriminationMunicipal LiabilityPromotions
NJ Firefighter Claims Failure to Accommodate ADD
A New Jersey firefighter is suing his fire department and fire chief claiming they failed to accommodate his attention deficit disorder.
Timothy Eosso is suing the Township of Edison and Fire Chief Brian Latham claiming they failed to adopted promotional procedures that would accommodate his disability, and then transferred him in retaliation following his complaint.
The transfer allegedly caused Esso harm by subjecting him to unfamiliar surroundings and less seniority. The suit was filed last year in Middlesex County Superior Court. The complaint was not available so it is unclear if the suit was filed under state law or the American with Disabilities Act, or both.
NewJersey.com quoted from an official statement from the township stating
- “[the Township] did everything reasonable to avoid this lawsuit.”
- “Unfortunately, no reasonable option offered to Mr. Eosso was acceptable to him”
- “Accordingly, this matter will be vigorously defended and the Township looks forward to the inevitable dismissal of this action.”
The fire department should have the same responsibility to accommodate him that the NFL has to accommodate me (old, slow, and not well-proportioned). Life isn’t always fair and we don’t all get to be astronauts, actresses, or star players on an NBA team. The town or city has a responsibility to provide the most effective fire protection possible. Someone hanging out a window doesn’t care about our disabilities.
Seeing things like this makes me glad I retired when I did. What is my beloved Fire Service turning into… an organization that caters to the malcontents and morons in some perverse way of attempting to make perceived things right?
The fire service is also finally facing the music for years of “no blacks, no women, no minorities” (as are the police, EMS, military, country clubs, and a zillion other entities). In this particular case, you may be right – certainly there is no set of surroundings that changes as often or as rapidly as a fire scene – which could be life-threatening if someone needs stable surroundings in order to function appropriately, but there could be more to the story than what Chief Varone has available to him.
There is a lot more to this story! The paper only puts in what it wants to put in. Justice is coming!