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ADA and Firefighters
I was wondering how people felt about recruits who are disabled going through academy? What is your opinion on this? We have a recruit with uses a handicap placard whenever he goes someplace, even to the station. He is very overweight, I would like to say grossly. I do not know the reason for his acceptance except maybe to satisfy a portion of the American with Disabilities Act. That way no discrimination is show? Or to prove a point that maybe he should not have joined? I don't know the full reasoning so this is only my viewpoint.
How do other stations handle applications from those with handicaps?
I know that the three out stations that I drill with do not feel comfortable being on a call with this person cause if poop hit the fan we do not trust that he would be able to perform. If he is on a call with me do I as a probie have the right to tell my commanding officer that I do not feel safe in this persons hands or trust his abilities?
Replies to This Discussion
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Permalink Reply by Mark Oomkes on
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I have said that departments need a reason and a reason of not following orders can be legally fought.
Stephanie, you are arguing your opinion in this case, and it is wrong. As has been stated and this might be where your inexperience both in life and firefighting is causing this problem.
I live in Michigan. It is an at-will employment state. Therefore, barring a union or other contract between employee and employer (I am also an employer\business owner) someone can be fired for any reason or no reason at all. This is the case in many states.
So to make a blanket statement that there must be a reason for termination is flat out wrong. You may or may not like it, but it is the truth.
As for the comment about not requiring someone to do something they aren't comfortable with (or something to that effect) I say BS. Unless you are a FT department, you don't know who will be at a fire scene and everyone better be cross trained and willing to do what they are told to do, within safety standards. Otherwise they are not really a firefighter in a fire department.
We don't have that luxury in volunteer\paid on call departments. Sure some are better at some tasks than others, but we all need to be able to do whatever is required or it's time to rethink your volunteership. (I know, not a word)
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Another item related to this, possibly. For a strictly volunteer department, who picks up the tab for Worker's Comp? Or is it not required?
If the township\city\village\county picks up the tab, you are an employee subject to all other laws and regulations that a paid employee would be.
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Permalink Reply by Stephanie Shirk on
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You are right.... State Laws make a difference.
But at the same time if you fire someone from your business for no reason, I am almost positive that person can find a reason to sue the crap out of you for it. (I hope that never happens)
And yes it may be BS but its something that you may run into...
Anything my officer ask of me I am prepared for because my officers know what I am qualified to do and wouldnt ask anything of me that I am not capable of. Not everyone has that peace of mind.
Now if we go back to the original debate if I was asked to go into the building with someone I dont trust, well I would go because I trust my officer knows well enough that said person is trustworthy. Now if the person is not I dont think my officer would ask that of me.
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lol I get a little heated sometimes, its deff a learning curve but as "Newbie" lol its something I am working on...
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Permalink Reply by Patti Walz on
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In my state the only way you could sue an employer is if he fires you for a reason like the position is no longer needed and he tells you this and then turns around and hires someone else for that same position then you would have grounds for a lawsuit. Otherwise you have no recourse.
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Having tons of family in the legal business and having studied it myself for a few years, I can tell you that there are loop holes beyond belief....
IF a volunteer especially gets fired and has the slightest resentment they can find something to sue for....
Hell if I was Chief I wouldnt let me or any other woman in simply for sexual harrassment cases.
Hazing is also a big issue being refered to as a probie is breaking laws.
We can thank crazy Frat boys for that but, its true if you get fired from any job and the company cuts the slightest corner you can find a lawyer who will try to sue.
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Sure, they can sue, but that doesn't mean they will win.
As long as that person is not of a protected status and fired for that reason, they have no grounds.
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Stephanie,
Why did you join the fire service then? If you think that the Chief should not have let you or any other woman in?
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Permalink Reply by Paul Montpetit on
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"newbie" or "probie"...a "newbie" is someone who just joined and doesn't know crap....a "probie" is someone who has been around for awhile, had some training think they have an idea of how things work and doesn't know crap.......LOL
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Permalink Reply by Art "ChiefReason" Goodrich on
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Roger that.
Being a newbie or a probie can be CRAPPY!
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Brian:
No; more than likely, it is because it is a public building or public funds were used to build it.
It would have to be ADA compliant.
We have an old building, but if we do a significant upgrade or build new, it would have to be ADA compliant.
And not all ADA is wheel chair.
TCSS.
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Permalink Reply by John Crabbe on
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But at the same time if you fire someone from your business for no reason, I am almost positive that person can find a reason to sue the crap out of you for it
In a right to work state or at-will state, no there doesn't have to be a reason for termination. Lawsuits can be filed, but doesn't mean you would have much to go on in such states.
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