ADACivil SuitDiscriminationWrongful termination

Two Firefighters Sue San Antonio Fire Department Over Long COVID

Two San Antonio firefighters have filed separate federal lawsuits against the City of San Antonio and the San Antonio Fire Department, alleging disability discrimination, failure to accommodate, and retaliation stemming from their struggles with Long COVID. The cases, filed just days apart last week, raise remarkably similar legal and factual claims.

Stephanie Lopez and Philip Gonzales, both veteran SAFD firefighters, allege that after contracting COVID-19 on duty, they developed persistent and debilitating symptoms consistent with Long COVID. They claim that despite repeated medical documentation supporting their diagnoses and work restrictions, SAFD and the City engaged in a pattern of obstruction, coercion, and retaliation.

Both firefighters were treated by Dr. Jeffrey Munoz, who diagnosed them with post-acute COVID sequelae. Both assert that SAFD dismissed Dr. Munoz’s recommendations, interfered with their treatment, and attempted to pressure them to return to full duty or face administrative “resignation” under a controversial leave policy change.

Lopez, a firefighter since 2005, alleges she was denied accommodations and subjected to coercive tactics, including being told that attending a scheduled medical appointment would be treated as an unexcused absence—triggering her “voluntary resignation.” Her complaint states that the City invalidated her physician’s status reports, refused to acknowledge her ADA rights, and applied disparate treatment compared to similarly situated employees.

Lopez further claims that the City pressured treating physicians to alter medical records, failed to engage in a legitimate interactive process, and reclassified her assignment without due process or proper documentation. She seeks damages for lost wages, emotional distress, and violations of the ADA, the Texas Labor Code, and the Rehabilitation Act.

Gonzales, employed since 2000, alleges that after contracting COVID in May 2023, he experienced a range of Long COVID symptoms including brain fog, chronic fatigue, and respiratory issues. His complaint details inconsistent medical assessments, including conflicting maximum medical improvement (MMI) determinations and manipulation of functional capacity evaluations.

Gonzales claims he was penalized for submitting documentation from his treating physician and that SAFD reported him as a no-show for appointments he had not been informed of. Like Lopez, he asserts that SAFD improperly treated his medically necessary absences as unauthorized and ultimately deemed him to have “resigned” after two missed days.

Both lawsuits assert claims under:

  • The Americans with Disabilities Act (ADA) for failure to accommodate and retaliation.
  • The Texas Commission on Human Rights Act (TCHRA).
  • The Rehabilitation Act, given the City’s receipt of federal funds.
  • Texas Labor Code §451.001, prohibiting retaliation for filing a workers’ compensation claim.

Both plaintiffs allege the City’s October 2024 revision of its leave-without-pay policy was weaponized to circumvent disciplinary procedures and undermine employee rights under civil service protections.

Here are copies of both complaints:

Curt Varone

Curt Varone has over 50 years of fire service experience and 40 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. Besides his law degree, he has a MS in Forensic Psychology. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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