Also see: Handicap (etc) - Light Duty
     A female corrections officer claimed that she was subjected to a violation of her rights under the Pregnancy Discrimination Act of 1978, 42 U.S.C. 2000e(k),.under the employer's light duty policy, under which only employees injured on the job were eligible for light duty assignments. Overturning judgment as a matter of law for the defendants, a federal appeals court ruled that a reasonable jury could conclude that it was more likely than not that the policy was motivated by a discriminatory intent, and a reasonable jury could further find that the county's current explanation, compliance with a state statute concerning light duty for injured employees, was pretextual; Nothing in the state statute prohibited the employer from offering the same light duty accommodation to pregnant employees. Legg v. Ulster Cnty, #14-3636, 820 F.3d 67, 100 Empl. Prac. Dec. (CCH) P45539, 129 Fair Empl. Prac. Cas. (BNA) 37, 94 Fed. R. Serv. 3d (Callaghan) 741 (2nd Cir. 2016).
     A California appeals court upheld a $1,571,500 award for a former LAPD officer who was medically terminated in violation of the state's Fair Employment Act. Further, the plaintiff was not judicially estopped from pursuing a damage claim because of a 100% total and permanent disability rating he received in a workers' compensation proceeding. The test is whether the plaintiff could perform the essential functions of his current assignment or an available position, and not on the essential functions of a police officer position, the job title the plaintiff held. Cuiellette v. City of Los Angeles, #B224303, 194 Cal. App. 4th 757, 2011 Cal. App. Lexis 477.
     A police department is not obligated to create a new light-duty position for an injured officer when none exists. "Reassignment of a disabled employee to a vacant light-duty position is well established as a reasonable accommodation under the ADA, but [the] petitioner bore the burden of establishing the existence of such a position at the time she sought the transfer." Abram v. NYS Div. Human Rights and Buffalo Police Dept., #325 TP 09-01934, 2010 NY Slip Op 02279, 2010 N.Y. App. Div. Lexis 2200 (4th Dept.).
     Federal court declines to dismiss an ADA action brought by a former police detective who claims that management regarded him as mentally disabled. Management had ordered him to disarm and refused to assign him to a light duty position. Carraway v. Bor. of Wilkinsburg, #2:09-cv-00372, PACER Doc. 17, 2009 U.S. Dist. Lexis 83356 (W.D.Pa. 2009).
     Seventh Circuit rejects a suit by a disabled former police sergeant that management should have created a light duty position for him to accommodate his chronic obstructive pulmonary disease. “A person who applied for disability benefits must live with the factual representations made to obtain them, and if these show inability to do the job then an ADA claim may be rejected without further inquiry. ... A party who prevails on one ground in a prior proceeding cannot turn around and deny that ground in a subsequent one.” Butler v. Village of Round Lake Police Dept., #08-3856, 2009 U.S. App. Lexis 23602 (7th Cir.).
     While noting that there could be times that a police officer under medical restrictions might be required to exercise police powers in an emergency situation, an arbitrator ruled that assignment of light-duty officers to guard perimeter posts at the city’s communications center was not consistent with their medical status. Chicago Police and FOP L-7, ARB No. 07-72, 126 LA (BNA) 759 (Bierig, 2009).
     Florida appellate court reinstates an action brought by a pregnant firefighter who was denied a light duty assignment in the fire dept. while others with physical restrictions had been accommodated with light duty in the fire dept. Carsillo v. City of Lake Worth, #4D07-4236, 2008 Fla. App. Lexis 18071.
     Illinois appellate court upholds a line of duty pension for a police officer who suffered a lower back injury in a scuffle with a homeless man, which caused her lower back pain that prevented her from performing the full range of duties as a police officer. The city cannot avoid liability by claiming that she can return to work with accommodations, because she was never offered a position within her limitations. Kouzoukas v. Retirement Board of Chicago, #1-07-2623, 2008 Ill. App. Lexis 617 (1st Dist.).
     Management did not have to accommodate a corrections officer with Grave's disease by assigning him to a light duty position with no inmate contact; availability of light duty assignments for temporarily disabled officers does not obligate an employer to assign permanently disabled employees to light duty assignments; $273,000 verdict overturned. Raspa v. Office of the Sheriff, #A53-2006, 2007 N.J. Lexis 693, 19 AD Cases (BNA) 591.
     After a retirement board determined that a corrections officer with an injured thumb was not entitled to a disability pension, he sought back wages and benefits while on unpaid sick leave. The California Supreme Court upheld management's decision to offer a light duty position, without further accommodation. Stephens v. County of Tulare, #S129794, 38 Cal.4th 793, 2006 Cal. Lexis 6228 (2006). {N/R}
     Federal court finds that a police dept. policy abolishing permanent light-duty positions for disabled officers did not violate the ADA, even if officers were not individually assessed for suitable positions. Management's employment decisions were based on a reasonable physical criteria and applied on an individualized basis. Allen v. Hamm, #RDB 05-879, 2006 U.S. Dist. Lexis 6707, 17 AD Cases (BNA) 1206 (D. Md. 2006). {N/R}
     Arbitrator overturns a management decision to reassign light duty firefighters from their regular 24-hour shift assignments to 8-hour day shifts. City of Fairbanks and Firefighters L-1324, 121 LA (BNA) 693 (Landau, 2005). {N/R}
     Labor Relations Commission holds that a town improperly negotiated directly with a member of a bargaining unit and offered to create a light duty position, where no such assignment previously existed, and improperly terminated the officer when she refused the position. Town of Harwich and Harwich Police Feder., #MUP-01-2960 (Mass. Lab. Rel. Cmsn. 2005). [2005 FP Sep]
     ADA does not require an employer to create a permanent light duty position. Watson v. Lithonia, #02-1423, 203 F.Supp.2d 1303, 2002 U.S. Dist. Lexis 9305, 13 AD Cases (BNA) 969 (7th Cir. 2002). {N/R}
     Arbitrator overturns a termination when an injured employee refused to return to work. There were no light duty positions in the police dept. Town of Harwich and IBPO L-392, 116 LA (BNA) 1461, AAA Case #11-309-00999-1 (Alleyne, 2001-Released 2002). [2002 FP Dec]
     Eight Circuit upholds a ruling that a claimant's subjective complaints of back pain must be supported with objective medical evidence to verify severity, and that the employee was able to return to light work. Ramirez v. Barnhart, #01-2911, --- F.3d ----, 2002 WL 1181052, 2002 U.S. App. Lexis --- (8th Cir. 2002). [N/R]
    Ninth Circuit upholds discrimination claims of injured personnel on light duty status. Disabled officers may not be denied promotions or preferred assignments. Cripe v. City of San Jose, #99-15253, 261 F.3d 877, 12 AD Cases (BNA) 225, 2001 U.S. App. Lexis 18534, 01 C.D.O.S. 7163 (9th Cir.). [2001 FP 138-9]
     Arbitrator holds that INS management could deny overtime assignments to agents on light duty status, even if they were at times assigned to primary inspection duties because of personnel needs. INS Laredo, TX and Natl. INS (AFGE), 115 LA (BNA) 1489, FMCS #00/13549 (McReynolds, 2001). {N/R}
     Correction officer's eligibility to perform light-duty work after he was given total-disability status is not arbitrable. N.Y. state law allows a municipality to order officers to perform light duty. Barnes v. C-82 AFSCME, 690 N.Y.S.2d 334, 1999 N.Y. App.Div. Lexis 5554, 162 LRRM (BNA) 2445 (1999). {N/R}
     A city was not required to create a light-duty, non-firefighting position for a disabled firefighter. Burch v. City of Nacagdoches, 174 F.3d 615 (5th Cir. 1999). {N/R}
     Small city had no duty to retain an injured firefighter or to create a permanent light duty position for him. Burch v. City of Nacogdoches, #97-41565, 174 F.3d 615, 1999 U.S. App. Lexis 8990, 9 AD Cases (BNA) 509 and 637. [1999 FP 134]
     Federal appeals court rejects an ADA challenge to corrections officer rotation policies. Facility did not have to retain corrections officers in a permanent limited duty status. Kees v. Wallenstein, #97-35559, 161 F.3d 1196, 1998 U.S. App. Lexis 20316 (9th Cir.). [1999 FP 41]
     Second Circuit reverses a $600,000 jury award for three N.Y. police officers who had been denied promotions because they were on permanent light duty status. Colwell v. Suffolk Co. Police, #97-9019, 158 F.3d 635, 1998 U.S. App. Lexis 26109 (2nd Cir.). [1999 FP 25-6]
     Federal appeals court overturns the termination of a paralyzed firefighter. Dept. should have accommodated him with a permanent assignment to a light duty position. Supreme Court denies review. Stone v. Mt. Vernon, 118 F.3d 92 (2d Cir. 1997); cert. den., 1998 U.S. Lexis 927. [1998 FP 56-7]
     U.S. District Court in Philadelphia mandates light duty for a city water dept. worker with a back injury. Bracciale v. Phila., 1997 U.S. Dist. Lexis 16757, 7 AD Cases (BNA) 939. [1998 FP 57]
     Second Circuit holds that fire dept. could not refuse to permanently assign a disabled firefighter to a position reserved for persons with temporary disabilities. Stone v. City of Mount Vernon, 118 F.3d 92 (2d Cir. 1997). Note: this is the opposite of the 7th Circuit's holding in Dalton v. Subaru-Isuzu, 1998 U.S. App. 5990 (7th Cir. 1998). {N/R}
     Three disabled officers win $800,000 for being denied light duty or civilian positions. U.S. v. City & Co. of Denver, 943 F.Supp. 1304, 1996 U.S.Dist. Lexis 15258 (D.Colo.); Davoll v. Webb, 943 F.Supp. 1289, 1996 U.S.Dist. Lexis 15257 (D. Colo.); DoJ News Release CR 96-558. [1997 FP 24]
     Police dept. without a light duty position did not have to retain a medically unfit officer. No evidentiary hearing required, because officer did not challenge the factual basis of her partial disability. Hardy v. Vil. of Pierpont, 923 F.Supp. 604 (S.D.N.Y. 1996). [1996 FP 152]
     Arbitrator repudiates an order that injured firefighters report for a light duty assignments; contract specified that injured workers should be placed on disability leave. Benton Harbor and B.H. Firefighters L-685, FMCS #95/25442, 106 LA (BNA) 847 (Ellmann, 1996). [1996 FP 152-3]
     Federal court refuses to reinstate a police officer with an uncorrectable wrist injury. Dept. not required to accommodate her in a permanent light duty assignment. Yodice v. Metro. Dade Co., [unreported] 4 AD Cases (BNA) 1384 (S.D.Fla. 1995). [1996 FP 7]
     Dept. that does not maintain any permanent restricted duty positions was not required to accommodate a disabled police officer. Santos v. Port Auth NY-NJ, #94-Civ. 8427 (S.D.N.Y. 1995). {N/R}
     NY high court affirms a public employer's unilateral right to require light duty work by law enforcement officers injured in the line of duty; management does not have to bargain with the union. Schenectady P.B.A. v. P.E.R.B., 85 N.Y.2d 480, 650 N.E.2d 373 (1995). [1995 FP 170]
     A duty-incurred disability pension was denied because a disabled firefighter refused to have knee surgery; management (or a pension fund) can require corrective medical treatment, including surgery. Mondello v. Beekman, 433 N.Y.S.2d 439; aff'd. 434 N.E.2d 1341 (1982). [1995 FP 170]
     Injured police officer was not entitled to bring a class action under the ADA seeking an injunction to require dept. to create permanent light duty positions. Davoll v. Webb, 160 F.R.D. 142 (D.Colo. 1995). [1995 FP 170]
     Town could not risk reassigning an officer who suffers from blackouts under stress in a "light duty" position as a dispatcher or desk officer. A "dispatcher must remain clear headed and claim in emergency situations" and a desk officer "must be capable of responding... to various crises that could occur in the stationhouse." Beal v. Bd. Selectmen of Hingham, 646 N.E.2d 131, 4 AD Cases (BNA) 482 (Mass. 1995). [1995 FP 122]
     Appellate court orders police dept. to reinstate an injured officer in a light duty position, in spite of two epileptic seizures. Caruso v. Armiento, 620 N.Y.S.2d 404 (A.D. 1994). [1995 FP 89]
     Procedurally, police officers could not maintain a class action suit seeking permanent light duty status for injured employees, because the ADA requires an individualized determination, on a case-by-case basis, whether a person is disabled within meaning of the act. Davoll v. Webb, 160 F.R.D. 142, 4 AD Cases (BNA) 161 (D.Colo. 1995). {N/R}
     Fire chief improperly denied a light duty assignment to a firefighter who was recovering from elective surgery. St. Clair Shores (City of) and S.C.S. Firef. Union L-1744, 103 LA (BNA) 630 (Daniel, 1994). [1995 FP 58]
     Appellate court affirms termination of paraplegic police sergeant; dept. was not required to create a permanent administrative position to accommodate his disability. Ensslin v. Twp. of N. Bergen, 275 N.J.Super. 352, 646 A.2d 452, 3 AD Cases (BNA) 1266, 1994 N.J. Super. Lexis 343. [1995 FP 41-2]
     Federal court in Maryland concludes that a disabled police officer has pled a valid civil complaint under the ADA to require his department to make permanent his light duty assignment. Champ v. Baltimore County, 3 AD Cases (BNA) 707 (D.Md. 1994). [1995 FP 8-9]
     Federal court in Alabama holds that an employer cannot refuse to assign a disabled employee to a permanent light duty assignment, if one is available. Howell v. Michelin, 860 F.Supp. 1488, 3 AD Cases (BNA) 929 (M.D.Ala. 1994). [1995 FP 9]
     Injured officers who were recalled to light duty assignments were entitled to premium pay. If they should not receive the supplement, the contract should have so provided. Providence and Prov. Fed. of Police, LAIG #4893; 2 (9) Pub.Sfty.Lab. News (LRIS) 8 (Ellis, 1994). {N/R}
     Arbitrator allows a police dept. to abolish light duty positions. Delaware (Ohio) Police Dept. and FOP, 102 LA (BNA) 627 (Heekin, 1994). [1994 FP 151]
     U.S. Dept. of Labor overturns a federal contractor's policy of refusing light duty transfers of injured employees. OFCCP v. Cisell, #87-OFC-26 (DOL 1994). [1994 FP 103]
     13-officer police dept. was not required to create a light duty position to accommodate an officer with angina pectoris. Shoemaker v. Pa. Human Rel. Cmsn., 634 A.2d 772 (Pa.Cmwlth. 1993). [1994 FP 75]
     AZ appellate court refuses to accommodate injured officers who were not allowed to continue in light duty positions where they called back crime victims. Dept. had no duty to accommodate them by creating permanent light duty positions. Matos v. City of Phoenix, 859 P.2d 748 (Ariz.App. 1993). [1994 FP 9]
     City could not refuse to promote a sergeant to lieutenant because of prior heart problems. Dept. could not insist on "full range of duties fitness" when it had permanent light duty lieutenant positions. Kuntz v. City of New Haven, 1993 U.S. Dist. Lexis 20088, 2 AD Cases (BNA) 905 (D. Conn. 1993); aff'd w/o opin. 94-7140, 29 F.3rd 622, 1994 U.S. App. Lexis 17723 (2nd Cir. 1994); cert. den. 513 U.S. 1058, 115 S.Ct. 667, 1994 U.S. Lexis 8863 (1994). [1993 FP 119-20]
     City could not create a light duty position to deny a disabled police officer a pension when other injured officers routinely were awarded disability pensions. Danko v. City of Harvey, 608 N.E.2d 333 (Ill.App. 1992). [1993 FP 152-3]
     Police Dept. policy of restricting light duty assignments to officers injured in the line of duty does not violate Sec. 504 of the Rehabilitation Act. Blissitt v. City of Chicago, #86-C-9684, 1990 U.S. Dist. Lexis 5132 (N.D.Ill. 1990). {N/R}
     City must obtain a medical fitness-for-duty determination before recalling a disabled firefighter to light duty employment. Bett v. City of Lackawana, 76 N.Y.2d 900, 561 N.Y.S.2d 908 (A.D. 1990).
     Fire Dist. lawfully terminated a firefighter who refused to accept a light duty assignment because he was HIV seropositive. Severino v. North Ft. Myers Fire Dist., 60 LW 2064 (11th Cir. 1991).
     Officer with herniated disc should be returned to work indoor duties. Availability of a light duty position precludes his eligibility for a full disability pension. Retirement system could choose to believe its physician over contrary view expressed by claimant's doctor. Rubinski v. Police & Fire Ret. Sys., 550 N.Y.S.2d 106 (1989).
     Oregon appeals court rejects application of injured officer to make a temporary light duty assignment a permanent position. The duty to reasonably accommodate handicapped workers does not require employers to reclassify job positions. Blumhagen v. Clackamas Co., 756 P.2d 650 (Ore. App. 1988).
     Partially disabled deputy sheriffs not entitled to disability retirement benefits when capable of performing light-duty assignments. Balzarini v. Retirement Board of San Mateo County Retirement System, 239 Cal.Rptr. 439 (App. 1987).
     Postal employee with asthma not entitled to permanent light duty assignment when collective bargaining agreement required five years service for eligibility. Carter v. Tisch, 822 F.2d 465 (4th Cir. 1987).
     Firefighter was "totally disabled" and entitled to disability benefits even though he was physically capable of light duty. Robinson v. City of Montgomery, 485 So.2d 695 (Ala. 1986).
     Employee entitled to pension if no light duty position available. Bowman v. Board of Pension Cmsnrs. of L.A., 202 Cal.Rptr. 505.
     N.Y. Appellate court returns injured officer to light duty status; disability pension denied. Glaski v. Regan, 494 N.Y.S.2d 917 (A.D. 1985).
     Pension denied for herniated disc warrants compensation and light duty assignment; full disability denied. Prost v. City of Clarksville, 688 S.W.2d 425 (Tenn. 1985).
     Post-shooting stress victim was not totally disabled; pension denied, light duty assignment was proper. Sullivan v. Brownlee, 331 S.E.2d 622 (Ga. App. 1985).
     Officer with injured foot could be assigned to communications section and denied a disability pension. Board of Trustees of Oklahoma City Police Pension System v. Clark, 661 P.2d 506 (Okla. 1983).
     Officer partially disabled after shooting, denied pension and ordered to light duty status. Wells v. Police and Firef. Relief Bd., 459 A.2d 136 (D.C. App. 1983).
     City could refuse to pension a disabled employee and assign him to desk duties without peace officer status. Stuessel v. City of Glendale, 190 Cal.Rptr. 773 (App. 1983).
     California Supreme Court reverses appellate ruling; city can recall disabled workers and assign them to light-duty jobs. Winslow v. Pasadena, 192 Cal.Rptr. 629, 665 P.2d 1 (1983); prior opin, at 181 Cal.Rptr. 873 reversed.
     Recovering employee must return to duty when medically fit; no right to demand assignment to light duty. Barry v. Wilson, 448 A.2d 244 (D.C. App. 1982).
     Partially impaired employee entitled to full pension when no "light duty" positions were available to him. Board of Firemen, Policemen, etc. Pension Fund Trustees v. Bills, 586 S.W.2d 924 (Tex. Civ. App. 1979).
     Laws relating to "regular" duties include "light duty" assignments; partially recovered employees must perform light duty work or take their ordinary retirements. Ring v. Langdon, 416 N.Y.S.2d 137 (A.D. 1979).
     Louisiana and Florida appellate courts deny pensions; order light duty status for disabled officers. Buras v. Board of Trustees, Police Pension Fund of New Orleans, 360 So.2d 572 (La. App. 1978); Shepard v. Dept. of Administration, 361 So.2d 208 (Fla. App. 1978).
     Partially disabled officer entitled to reinstatement to light duty position. City of New York v. Cole, 404 N.Y.S.2d 353 (A.D. 1978).
     Disabled officer on pension could not be recalled to active "light duty" status; rights were vested. Newman v. City of Oakland Police and Fire Retir. Sys., 145 Cal.Rptr. 628 (App. 1978).
     City can require firefighter to perform light duties and deny sick pay or pension. Panico v. Young, 404 N.Y.S.2d 369 (A.D. 1978).
     Instructor position not a "light duty" assignment. Conomikes v. Libous, 406 N.Y.S.2d 397 (A.D. 1978).
     Light duty assignments -- change of law not retroactive. Ring v. Langdon, 404 N.Y.S.2d 835 (Misc. 1978).
     Illinois holds that disability pensioner could not be recalled to light duty pension, but could have been denied pension initially. O'Brien v. Bd. of Trustees, 381 N.E.2d 813 (Ill.App. 1978).
     Light duty status prevents pension. Tillman v. Sibbles, 341 So.2d 686 (Ala. 1977).
     Iowa Supreme Court upholds substantive provisions which authorize reassignment of previously disabled employees to "light duty" assignments. Procedural safeguard found lacking in law; hearing required. Ross v. City of Des Moines, 249 N.W.2d 648 (Iowa 1977).
     Wyoming Supreme Court denies disability pension to firefighters who still qualified for light duty assignment. Hoy v. Firemen's Pension Fund, 430 P.2d 531 (Wyo. 1975).
     See also: Disability Rights and Pensions; Handicap Discrimination; Physical Impairments - Termination; Pregnancy Policies.