Arizona Firefighter Claims Termination Was Retaliation for Request for Accommodation

An Arizona firefighter who was terminated following her failure to submit to post-accident testing has filed suit claiming disability discrimination, retaliation, and failure to accommodate. Jennifer Martin filed suit against Rural Metro Fire Department, Inc. in US District Court for the District of Arizona.

Martin alleges violations of the Americans with Disabilities Act. She was assigned to Rural Metro’s fire protection crew in Yuma County at the time. Quoting from the complaint:

• Martin has suffered from two diagnosed disabilities. (1) spinal fusion disability; and (2) depression.
• In February of 2024, Martin missed work due to doctors appointment.
• In March of 2024, Battalion Chief Aaron informed Martin that he was being hassled because Martin was missing time off from work and asked Martin what he could do to help.
• Martin then asked for an accommodation of time off to attend to her doctor’s appointments.
• In March of 2024, instead of granting Martin time off as Martin requested, Rural/Metro moved Martin to different unit believed to be less “chaotic.”
• On or about March 26, 2024, while driving a company vehicle, Martin was in a minor accident in which she slightly hit a pole while backing out of a parking spot.
• Martin exited the vehicle and informed her Captain, Hailey Rube, of the minor accident and that she had soiled herself and was going to have to go home to get cleaned up.
• Rube deemed it a minor accident and told Martin it was ok to go home to get cleaned up and that she was going to contact the Battalion because of the drive cam activation.
• Rube then called Battalion Chief Aaron who told Rube to tell Martin to immediately drive herself for a drug screen.
• This was a violation of policy, because the accident was minor and if in fact that accident had been major [the] Battalion chief should have driven Martin to a drug screen.
• When Martin pointed this out, within 15 minutes, Rural/Metro placed Martin on administrative leave depriving Martin of the chance to go home and then do the drug screen.
• On April 8, 2024, in violation of policy, Rural/Metro fired Martin for allegedly refusing to take the drug screen.
• Rural/Metro’s decision to fire Martin was causally linked to the fact that Martin had previously requested accommodation that it failed to honor and the fact that Martin suffers from disabilities as admitted to by the Battalion Chief who said he was being hassled because Martin requested accommodation.
• Granting Martin time off for doctor appointments to adjust to her medications posed no undue hardship to Rural/Metro but Rural/Metro refused to accommodate Martin.
• Because of Rural/Metro’s actions as described above, Rural/Metro has violated the ADA by discriminating against Martin and failing to engage in an interactive process by granting Martin time off for doctor’s appointments and adjusting to her medication as a disability accommodation.

Here is a copy of the complaint: