NJ Firefighter Claims Failure to Accommodate ADD

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Posted by: cvarone 31 mins ago 0 Comments

A New Jersey firefighter is suing his fire department and fire chief claiming they failed to accommodate his attention deficit disorder.

Timothy Eosso is suing the Township of Edison and Fire Chief Brian Latham claiming they failed to adopted promotional procedures that would accommodate his disability, and then transferred him in retaliation following his complaint.

The transfer allegedly caused Esso harm by subjecting him to unfamiliar surroundings and less seniority. The suit was filed last year in Middlesex County Superior Court. The complaint was not available so it is unclear if the suit was filed under state law or the American with Disabilities Act, or both.

NewJersey.com quoted from an official statement from the township stating

“[the Township] did everything reasonable to avoid this lawsuit.”
“Unfortunately, no reasonable option offered to Mr. Eosso was acceptable to him”
“Accordingly, this matter will be vigorously defended and the Township looks forward to the inevitable dismissal of this action.”

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Curt Varone has over 41 years of fire service experience and 29 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.