![firefighter sues leander healthnut firefighter sues leander healthnut](https://i.pinimg.com/originals/d8/3b/7d/d83b7d6608e70097677a78e13807a991.jpg)
Instead, he proposed wearing it as needed, such as while treating patients who were coughing or had a history of illness.įire Chief Bill Gardner refused to renegotiate and again offered the same two options.
#Firefighter sues leander healthnut code
Horvath declined the code enforcement job and suggested an alternate accommodation, agreeing to all conditions to keep his firefighting job except wearing a mask during his entire 24-hour shifts. He could remain a firefighter if he agreed to wear a surgical mask while on duty, be tested for diseases as necessary and keep track of his body temperature. He could become a code enforcement officer, which offered the same pay and benefits but did not require a vaccine, with the city paying for any needed training. This time, however, when Horvath sought an exemption, Leander responded by offering two options: The disagreement arose when the city adopted a 2016 policy requiring all personnel to receive the TDAP vaccine, which immunizes against tetanus, diphtheria and pertussis (whooping cough). Leander hired Horvath in 2012 and twice granted him religious exemptions when fire personnel were required to get flu shots beginning in 2014, court records show.
#Firefighter sues leander healthnut free
Ho said he would have returned Horvath's lawsuit to a lower court to consider whether Leander's vaccination policy violated his right to the free exercise of religion. Judge James Ho, former solicitor general for the Texas attorney general's office who was nominated to the appeals court by President Donald Trump in 2018, wrote a dissenting opinion that disagreed with part of the ruling. "Once an employer has established that it offered a reasonable accommodation, even if that alternative is not the employee's preference, it has satisfied its obligation," Judge James Dennis wrote for the court's three-judge panel.
![firefighter sues leander healthnut firefighter sues leander healthnut](https://www.kxan.com/wp-content/uploads/sites/40/2019/12/samuel-byrd.jpg)
Circuit Court of Appeals disagreed, ruling that the Williamson County city properly tried to accommodate Horvath's religious objections by suggesting alternatives that the firefighter rejected before he was fired. Join thousands already receiving our daily newsletter.Judge rules against religious firefighter, says he must shave beardīut the 5th U.S. He said the city is justifiably concerned about any potential impairment of an employee “who may be driving a fire truck, a paramedic dealing with some life saving situation or a police officer having to use his weapon.”Įfforts to contact Coleman’s attorney, Erik Strindberg, were not immediately successful. Johnson said his understanding is that “the science isn’t really perfected” regarding how medical cannabis affects individuals. He also alleges his suspension is a violation of the Utah Whistleblower Act, which protects employees who, in good faith, refuse to go against an improper directive. The suit demands the fire department policy be rewritten and that Coleman be reinstated and reimbursed for vacation and sick leave he has been forced to use. The suit said Coleman “has neither failed a drug test nor been impaired at work and there is no evidence that his use of medical cannabis adversely affected his job performance.” The suit alleges the suspension amounts to a firing. The department then suspended Coleman without pay and said he could resume work only if he surrendered the card, according to the suit.
![firefighter sues leander healthnut firefighter sues leander healthnut](https://live.staticflickr.com/3889/15380746656_2acea14697.jpg)
Coleman alleged the doctor did not perform a drug test or run him through a physical fitness test.Īfter talking to the firefighter and confirming he had a medical cannabis card, the doctor filed a report saying Coleman had a “medical condition which would endanger applicant or public.” The report said Coleman’s condition would “interfere with performance” because of “potential impairment” from medical cannabis. The suit said Coleman knew he probably would be put on leave, but he decided to keep his card and challenge the policy.Ĭoleman said the department told him to undergo a “fit for duty” evaluation by a medical contractor. “So I think it’s a lot muddier than it’s being made out to be.” “We have some great concerns policy-wise with public safety individuals taking any form of controlled substances,” Johnson said. The city’s chief administrative officer, Mark Johnson, also chose not to comment on the suit, saying it was being assessed by the city attorney’s office, but he briefly addressed the issue in general. Ogden Deputy Fire Chief Mike Slater, head of the department’s medical operations, declined Friday to comment on the suit, referring questions to the city attorney.