WASHINGTON – Baltimore County, Maryland, has been hit with a $475,000 fine and a laundry list of reforms after the Justice Department alleged the county engaged in disability discrimination against current and former employees.
The complaint, filed in the U.S. District Court for the District of Maryland, alleged that the county violated the Americans with Disabilities Act (ADA) by requiring employees to submit to medical examinations and disability-related inquiries without a proper reason, and by excluding applicants from emergency medical technician (EMT) positions because of their diabetes.
The complaint identified 10 current and former police officers, firefighters, EMTs, civilian employees and applicants who were allegedly subjected to inappropriate and intrusive medical examinations and/or other disability-based discrimination. Some employees were allegedly required to undergo medical examinations or respond to medical inquiries that were unrelated to their ability to perform the functions of their jobs.
The complaint also alleged that the county required employees to submit to medical examinations that were improperly timed, such as requiring an employee who was on medical leave and undergoing medical treatment to submit to a medical exam even though the employee was not attempting to return to work yet.
According to the complaint, numerous affected employees – some of whom had worked for the county for decades – submitted to the improper medical exams for fear of discipline or termination if they refused. The complaint also alleged that the county retaliated against an employee who tried to caution against the unlawful medical exams.
“The result of the county’s discriminatory policies and practices was to force employees, including veteran police officers and firefighters, to submit to invasive and unjustified medical examinations and inquiries,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The ADA does not tolerate this type of conduct and neither does the Justice Department.”
The consent decree, which must be approved by the court, requires the county to adopt new policies and procedures regarding the administration of medical examinations and inquiries, refrain from using the services of the medical examiner who conducted the overbroad medical examinations in question, and provide training on the ADA to all current supervisory employees and all employees who participate in making personnel decisions.
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