Ex-firefighter alleges ADA violation in county lawsuit
Forsyth County NewsMay 07, 2018
A former firefighter filed a lawsuit against Forsyth County last week which claims that by denying his request to return from medical leave in 2017 the county may have violated the Americans with Disabilities Act.
According to the complaint, in
The complaint stated that Smallwood had been diagnosed with PTSD in 2012 and that his "supervisors were aware of his medical conditions and treatment" since he was diagnosed with the disorder.
It goes on to state that even though the PTSD affected various aspects of Smallwood's day to day life, "PTSD did not prevent him from preforming the essential functions of his job."
The release states that on
"As plaintiff's FMLA leave expiration was approaching, plaintiff was informed he would need to request additional leave under the County Medical Leave policy in order to obtain more time to get clearance from his doctor to return to work," according to the complaint.
Smallwood applied for the new County Medical Leave on
"On
The complaint also alleges that on
"Despite his prior demonstration of his ability to perform the job, promotions and dedication to the county fire department for more than 15 years, plaintiff was advised he would not be allowed to return to work due to his PTSD and safety concerns," the complaint stated.
Smallwood received a promotion to sergeant from the county in
The complaint concludes by charging the county with violations of both the Americans with Disabilities Act and the Rehabilitation Act.
"Refusing to hire someone because of a disability when they are capable of performing the essential functions of the job is just as much a violation of the Americans with Disabilities Act (ADA) as terminating someone because of their disability," said
Forsyth County Attorney