#Firefighter sues leander healthnut professional#

Keep in mind, our Chiefs have made hazing a top priority, to the point that guys who have poured water on thier friends have had charged preferred against them by misguided Chief Officers. That this man was sexually assaulted in the gym, and then continued to work there? Or that a disgruntaled firefighter, who by all accounts isn't good at his job and has shown an antagonistic attitude may have made some exxagurated claims when the punishments doled out to the guys who made him sweep the floor weren't as severe as he had hoped? He shouldn't the expected to cook or clean alone, but should show initiative. It shows that he wants to be there and it's a nice thank you for the senior guys who take extra time to drill with him. I see nothing wrong with having the new guy clean the house, and be the most aggressive guy taking care of the menial tasks. That said, I see nothing wrong with having a guy sweep the floor. If true, the aggressors should be fired and prosecuted. Something like what was alleged here would have no place in the New York City Fire Department. I'm against any kind of over the top hazing. If the answer is yes, it’s not a disability for which you’d have to enter the interactive process to see if there’s a reasonable accommodation that can be granted.Let's use some critical thinking for a minute. The litmus test used in this case: Do most individuals have the same incapacity (in this case it was a fear of fire)? It shows that not every incapacity employees suffer from will be considered a disability under the ADA or the Americans with Disabilities Amendments Act - although most likely still will. Not every incapacity is a disabilityĮmployers should breathe a sigh of relief knowing that common sense won the day, although it took a wild run through the court system for that to actually happen. This was a shot not only across Proler’s bow, but that of the jury which ruled in his favor earlier. A job skill required for a specific job is not a disability if most people lack that skill.”

#Firefighter sues leander healthnut professional#

… If one considers the NBA, the capacity to play professional basketball is an ability the rest of us do not suffer from a disability because we cannot play at that level. Being unable to set aside the normal fear of entering a burning building is not a mental impairment that substantially limits a major life activity. The jury heard evidence of two incidents where Proler was allegedly unable to provide useful help to his firefighting team during actual fires at two residential buildings. There is no evidence from which a reasonable and fair-minded jury could conclude that Proler was disabled. His employer then took it’s case all the way to the Texas Supreme Court, which ruled that the Houston Fire Department couldn’t have taken an illegal action against Proler due to a disability - because Proler isn’t disabled. Proler was awarded $362,000 in attorney’s fees and costs. Proler then countersued, claiming his fear of fire constituted a disability under the Americans with Disabilities Act (ADA), and his employer was illegally taking action against him because he was disabled.Ī jury found in Proler’s favor and an appellate court agreed. Proler fought the transfer and an administrative hearing examiner reassigned him back to fire suppression.īut the Houston Fire Department wanted no part of that and fought his reassignment to active duty in court. But his employer wouldn’t put him back on the fire suppression team, instead electing to transfer him to a training academy. Two years later, Proler once again failed to enter a home that was on fire after he had trouble donning his fire suppression gear, taking orders and walking.įollowing that incident, he was diagnosed as having experienced global transient amnesia - a sudden temporary episode of memory loss - which stemmed from a fear of fire.ĭespite the diagnosis, he was approved to return to work. In 2004, he failed to enter a residential property that was on fire. Shayn Proler was a firefighter for the Houston Fire Department and captain of a fire suppression crew. Here’s a head-shaking legal battle that recently played itself out in the Texas Supreme Court: Once again, it appears there are no limits to what employees will go after their employers for in a courtroom. A firefighter who was relieved of firefighting duty because he was afraid of fire sued his department for transferring him.