Lowell Captain Prevails in Unusual Discrimination Suit
A retired Lowell, Massachusetts fire captain has won a discrimination lawsuit against the Lowell Fire Department for refusing his request to be reinstated.
The complicated story began in 1997 when Captain James McLaughlin was given a disability pension due to an asthma condition. Four years later, when his condition had improved, he requested to be reinstated.
The fire department declined to rehire McLaughlin despite the fact that a state appointed "restoration to service" medical panel examined McLaughlin and found him to be fit. The panel’s determination should have required to city to rehire McLaughlin to fill the next available captain’s position.
A Middlesex County Superior Court jury awarded McLaughlin $350,000 in damages earlier this month, finding the city illegally discriminated based upon his asthma condition.
