Maryland Firefighter Alleges Disability Discrimination

A Maryland firefighter has filed suit alleging the department failed to accommodate his disability by allowing him to remain assigned to a station with a low call volume. Mark Levy filed suit against Howard County and Howard County Fire and Rescue Services, alleging violations of the Americans with Disability Act and the Maryland Fair Employment Practice Act.

Levy filed suit in Howard County Circuit Court, but the case was removed by the county to US District Court for the District of Maryland due to the ADA allegations. He alleges discrimination, hostile work environment, and retaliation under both state and federal law. Quoting from the complaint:

• Plaintiff is a qualified individual with a mental health disability under the meaning of the ADA and the Maryland FEPA, which largely mirrors the ADA.
• Specifically, Plaintiff was diagnosed with anxiety and depression in the Fall of 2002.
• Plaintiff’s anxiety involves occasional acute mental health events or “panic attacks” and gastrointestinal symptoms.
• Other symptoms include irritability, poor affect, fatigue, restless sleep, lack of motivation, poor diet, rumination, and self-doubt.
• Plaintiff’s mental health conditions, when not managed well, impacts his major life activities, including, but not limited to, his ability to interact with others, ability to concentrate, learn, sleep, think, and work.
• When Plaintiff experiences an exacerbation of symptoms, his ability to focus, process information, plan, execute plans, as well as his ability to communicate with peers is compromised.
• His limitation impacts his ability to manage calls, triage patients, communicate with coworkers and execute tasks.
• Despite having a diagnosed history of mental health disability, Plaintiff has maintained good health for two decades and has been able to successfully perform his job duties and has always been able to work at full performance status.
• Plaintiffs condition is well managed by a combination of factors including lifestyle, recognition of symptoms, medication, and treatment with his mental healthcare provider.
• Plaintiff is able to perform the essential functions of his job, with a reasonable accommodation.

Levy was assigned to a low call volume station, allowing him to manage his condition and his child-care responsibilities on his days off. His problem began on February 7, 2022, when he reported off sick after being notified that he was to be detailed to a busy station for the day. That apparently precipitated a transfer initially to a busier station, then to a 5-day a week staff position, and a lowering of his performance evaluation. He was subsequently transferred to a slower station under a “Temporary Hardship Request.”  His request for the transfer to be handled as a reasonable accommodation was denied.

Here is a copy of the removal documentation and the original state court complaint: