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No accommodation for hearing impaired firefighter
December 12, 2006 by Ross Runkel at LawMemo
Christopher Carlton, a hearing impaired applicant for a firefighter position, sued the employer for failure to hire. He alleged handicap discrimination in violation of state law and the Massachusetts Constitution. The trial court granted summary judgment in favor of the employer. The Massachusetts Supreme Judicial Court affirmed.
Carleton v. Commonwealth (Massachusetts 12/07/2006)
The court found that where the hearing acuity standard was an essential qualification for a firefighter and the accommodation sought (the use of hearing aids) was not a reasonable one as determined by the Legislature, Carleton had no reasonable expectation of proving that he was a qualified handicapped person.
The court concluded that, for purposes of Article 114 of the Amendments to the Massachusetts Constitution, an "otherwise qualified handicapped individual" in the employment context was one "capable of performing the essential functions of a particular job, or who would be capable of performing the essential of a particular job with a reasonable accommodation to his handicap," and that the constitutional claim failed.
My view:
This is a limited decision, limited to the state of Massachusetts, and limited to public safety personnel who are covered by the Massachusetts statute.
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
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