Indiana Firefighter Alleges FMLA and ADA Violation Over PTSD Claim

An Indiana firefighter who claims he was harassed and defamed by his fire chief after suffering from work-related PTSD, has filed suit alleging violations of the Family Medical Leave Act and the Americans with Disabilities Act, along with retaliation, and defamation. Chris O’Neil filed suit against the City of Richmond and former fire chief Jerry Purcell in US District Court for the Southern District of Indiana.

O’Neil’s suit is similar to one filed two years ago by a different firefighter, William McGathey, alleging similar treatment by the city and Chief Purcell. O’Neil and McGathey are represented by different firms, but the same attorney, Edward Merchant, is involved. Chief Purcell has since retired and is now on the city council.

Quoting from the O’Neil complaint:

• O’Neil suffers from a mental health disability triggered by many on-duty incidents, including the Dennis Intermediate School Shooting.
• On January 13, 2022, O’Neil’s treating physician issued a letter to the City wherein she informed officials that O’Neil was seen in her clinic on January 13, 2022, and that it advisable at this time that the patient is excused from work for a duration of time.
• This letter triggered a medical leave of absence for O’Neil pursuant to the FMLA.
• The Richmond Fire Department allows for firefighters to take up to one (1) year of FMLA leave for qualifying medical reasons.
• A firefighter who is on an FMLA leave of absence is required to receive appropriate treatment while on leave in an effort to remedy the ailment that necessitates the leave of absence.
• The Fire Department furnishes medical evaluation forms to firefighters on leaves of absence to be filled out by their treating medical professional, which are to be returned to the fire department so that progress may be appropriately monitored.
• Upon information and belief, O’Neil was one of only two (2) firefighters that were required to submit to the medical evaluation forms.
• At all times relevant, O’Neil satisfied the requirement of ensuring the medical evaluation forms were completed and submitted to the department.
• On or about February 24, 2022, Chief Purcell called O’Neil’s nurse practitioner office and asked if O’Neil could have faked the medical evaluation form that had been submitted on his behalf.
• On or about February 24, 2022, Chief Purcell contacted O’Neil’s nurse practitioner office again, stating he was calling on behalf of Human Resources, and requested O’Neil’s session notes to be sent to Purcell’s personal email account.
• Defendants Purcell and the City of Richmond also ordered O’Neil to appear for approximately four (4) separate fitness for duty evaluations during the 2022 calendar year.
• In December 2022, Purcell filed disciplinary charges with the City of Richmond Board of Public Works and requested the termination of O’Neil. The charges were fabricated and without merit.
• The Defendants retaliated against the Plaintiff for exercising his statutory right to medical leave when Defendants deliberately contacted his nurse practitioner, insinuated O’Neil was untruthful, and requested O’Neil’s medical records.
• The Defendants retaliated against the Plaintiff for exercising his statutory right to medical leave when Defendants deliberately ordered O’Neil to appear for four (4) fitness for duty evaluations during 2022.
• The Defendants further retaliated against the Plaintiff for exercising his statutory right to medical leave when Defendants deliberately fabricated and filed disciplinary charges against O’Neil and requested his termination.
• At all times relevant hereto, Defendants were prohibited to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided by the FMLA, including discriminating and/or retaliating against employees who lawfully request leave under the FMLA.
• Defendants have violated the ADA in the following ways:
  • Intrusive comments and questions about O’Neil’s disability;
  • Singling out O’Neil for different treatment based on disability;
  • The failure of the City of Richmond to stop the harassment and discrimination after it was reported;
  • Disparate treatment based on O’Neil’s disability.
• Defendants, by and through Jerry Purcell, made and published communications with defamatory imputation, known to be false, regarding O’Neil’s reputation by insinuating and/or accusing O’Neil of falsifying the medical evaluation form submitted on his behalf.
• Defendants, by and through Jerry Purcell, made and published communications with defamatory imputation, known to be false, when disciplinary charges were filed against O’Neil with the City of Richmond Board of Works.
• Such communications by Purcell were made with the intent to harm O’Neil, his reputation, and his standing within the Fire Department, the local firefighters union, and City of Richmond community.
• The false and defamatory communications made by Purcell were calculated and intentional and caused O’Neil immense reputational and emotional harm.

Here is a copy of O’Neil’s complaint, and McGathey’s earlier complaint. McGathey’s suit has been settled. The terms of the settlement were not available.