CAN FAILURE TO TRAIN FIRE OFFICERS BE AN ADA VIOLATION?
BY THOMAS D. SCHNEID
The ADA has caused confusion for some fire departments with regard to their hiring and selection process. Fire departments should evaluate all phases of their current criteria including selection, advertising, screening, medical exams, physical and psychological testing, and other components to ensure compliance. Careful review of the Guidance document will assist in ensuring compliance with the ADA. In addition, departments may wish to have legal counsel evaluate their hiring and selection procedures prior to making changes, to ensure not only that the procedures and policies are in compliance with the ADA and other related laws but also that the criteria of the policies and procedures are providing the information necessary to permit the department to make a reasonable judgment as to potential candidates. Preparing beforehand can prevent potential ADA claims as well as provide a good, solid procedure for selecting appropriate candidates who will be the future leaders of your department. n
In the recent case of Jackson v. Inhabitants of Sanford, 3 AD Cases 1366 (D.Me. 1994), the plaintiff was injured when involved in an automobile accident in Sanford, Maine. When the police arrived at the scene, the driver of the other vehicle stated that he thought that the plaintiff was intoxicated. After review, it was ascertained that the plaintiff was not drunk but was suffering from physical difficulties, including partial paralysis of his right side and slurred speech. This disability was the result of a stroke that had happened several years earlier. When the police officer questioned the plaintiff, the officer was informed that the plaintiff was taking medication as a result of the stroke. The officer required the plaintiff to take a sobriety test. Because of his disability, the plaintiff failed the test and was arrested by the police officer. The plaintiff sued the City of Sanford, alleging that the city violated the ADA by failing to modify police policies, practices, and procedures to prevent discriminatory practices by police officers. The city moved to dismiss the ADA claim, arguing that the ADA was inapplicable to the facts.
The court, in analyzing this case, rejected the city`s arguments, concluding that the legislative history of the ADA demonstrated that Congress was concerned with unjustifiable arrests of disabled individuals. The court, in finding for the plaintiff, relied on the House Judiciary Committee`s report on the ADA, which stated, “in order to comply with nondiscrimination mandates, it is often necessary to provide training to public employees about disabilities. For example, persons who have epilepsy and a variety of other disabilities are frequently inappropriately arrested and jailed because police officers have not received proper training in the recognition of and aid of seizures. Such discriminatory treatment based on disability can be avoided by proper training.” [HR Rep. No. 101-485 (III) 101st Cong., 2nd. Sess. 50 (1990)]
Have your department`s personnel been properly trained in identifying individuals with disabilities? More specifically, have your EMS personnel been trained to identify individuals with disabilities? Could your fire service personnel discriminate against individuals with disabilities at the fire scene? Do your fire service personnel possess all the necessary equipment, such as one-way airways, to provide the appropriate care to individuals with disabilities? Are there other potential areas in which fire service personnel could possibly discriminate against citizens with disabilities while engaging in departmental activities?
Departments should evaluate the potential liabilities that could result from personnel`s interacting with–and possibly discriminating against–individuals with disabilities. Appropriate training for department personnel and possible modifications of policies, practices, and procedures to prevent personnel from acts of discrimination may provide substantial dividends on a small initial investment of training time. n
THOMAS D. SCHNEID is an associate professor and lawyer with the Department of Loss Prevention of Eastern Kentucky University`s Fire and Safety Engineering Technology Program. He has a bachelor`s degree in education, a master`s degree and a certificate of advanced study in safety, a law degree, and an LLM (master of laws) degree in labor and employment. He has 14 years of experience as a consultant for general industry.
