Question
i have been a volunteer firefighter since 1995.  In 2007 I was involved in a motor vehicle accident.  I am now classified as a "C-3 Incomplete quad with Brown Sequard".  That means my injury goes vertical instead of horizontal.  I walk with a brace due to the loss of my left leg and my right hand is partially closed up.  I have been driving since May of 2008.  I am now 100% able to care for myself.  I am still on the active roll in my department.  Would i be able to drive an emergency vehicle?  Can I push the issue under the "Civil disabilities Act"?  Where else might I get more information about this?

Answer
You are referring to the Americans with Disabilities Act of 1992 commonly referred to as ADA. In driving an emergency vehicle there must be a list of job tasks or competencies you need to perform. You would need to be assessed based on these competencies. If you could not perform them with reasonable accommodations then they could deny you that opportunity. Reasonable accommodations is defined in the ADA. Rigging a truck at $30,000 may not be a reasonable accommodation. Based on the assessment of the required duties an idea of what would be a reasonable accommodation could be determined.

By definition "A reasonable accommodation is any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. Reasonable accommodation also includes adjustments to assure that a qualified individual with a disability has rights and privileges in employment equal to those of employees without disabilities." USDOJ (Department of Justice)


One might assume that definition would be sufficient to answer most of the questions of employers or employees with "complaints," but as with most convoluted Congressional laws, it just isn't so. When the Congress enacted the Americans with Disabilities Act (ADA) on July 26, 1992, it was with the stated (assumption) statistic that there were 40 million Americans with disabilities, a statistic is even more suspect than most DOL stats.
The intent was simply to give the disabled person equal employment opportunity, making it illegal to discriminate against an applicant or employee because of his or her disability. In order to be covered by ADA one must have an impairment which substantially limits one or more major life activities, i.e., seeing, hearing, speaking, walking, learning, reading, breathing, lifting, sitting, standing, taking care of oneself, and working. These "impairments" include both physical and mental disabilities, and employers must wonder why they would have to modify a job to give someone with a mental impairment equal opportunity in employment.

Well, the truth is that they don't. In order to be a qualified individual with a disability, the person must meet the "legitimate skill, experience, education, or other requirements of an employment position that s/he holds or seeks, and who can perform the essential functions of the position with or without reasonable accommodation."





Hope this helps