October 15, 2024

Hurm Law Firm Wins Big Enforcing ADA in Federal Court

Category: Labor and Employment Law

Author: Matthew T. Hurm, Esq.

The City of East Cleveland was found liable for failing to reasonably accommodate their former employee, Nathanial David Armstrong, in violation of the Americans with Disabilities Act of 1990 (ADA). The Hurm Law Firm represented the Plaintiff, firefighter Nathanial David Armstrong, in his fight with the City of East Cleveland for fair treatment.

Firefighter’s Struggle with Mental Health Disability

Mr. Armstrong had been a well-respected firefighter since 1991. In 2019, his mother suffered a severe stroke and he became her primary caregiver. As a result of this devastating development, he suffered from and was diagnosed with adjustment disorder with mixed anxiety and depressed mood, qualifying him as a disabled person under the ADA.

City’s Failure to Provide Reasonable Accommodation

After months of treatment and progress, Mr. Armstrong attempted to return to work as a firefighter in September 2020. Instead of asking for a return-to-work certification from Mr. Armstrong’s treating psychologist, as was the City’s normal policy and consistent with federal law, the City of East Cleveland instead required that he undergo a return-to-work exam from the City’s doctor. While Mr. Armstrong’s doctor said he could return to work, the City’s doctor said he could not, raising concerns about Equal Employment Opportunity (EEO) compliance.

Violation of ADA Interactive Process

Instead of hiring a third-party independent doctor to perform a third and final return to work exam, the City of East Cleveland insisted that only its doctor’s opinion matters. It refused to offer Mr. Armstrong light duty or explore alternative accommodations, violating the Americans with Disabilities Act requirement for employers to engage in an interactive process with employees with disabilities.

Jury Finds City’s Actions Unreasonable

The City of East Cleveland claimed to have offered Mr. Armstrong a building inspector position, but Mr. Armstrong disputed that claim, and the building inspector job required months of training and paid very little. The jury found that even if the City of East Cleveland had offered the building inspector job, that offer wasn’t reasonable accommodation for Mr. Armstrong’ injury under the Americans with Disabilities Act.

The trial lasted two and a half days, spanning from September 9-11. The jury deliberated until Friday, September 13 around noon when its verdict was announced. The City of East Cleveland has already filed an appeal with the Sixth Circuit Court of Appeals, the next level in the appellate process.

Hurm Law Firm Advocates for People with Disabilities

The Hurm Law Firm is proud of this win on behalf of a disabled firefighter. It represents dozens of victims of discrimination and work injuries. If you are interested in securing a free employment law or workers’ compensation consultation, the Hurm Law Firm can be reached at (216) 860-1922.

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