“Firefighter’s Fear Of Burning Buildings Does Not Qualify As A Disability”

Via Outlawyered

by Walter Olson on June 25, 2014

“The Texas Supreme Court overturned a $362,000 disability discrimination judgment awarded to a captain for the City of Houston fire department who was removed from firefighting duties because his fear of entering burning buildings made him a danger to himself and others. City of Houston v. Proler, No. 12-1006 (Tex. June 6, 2014). According to the court, no reasonable jury could have found that his fear of entering burning buildings constituted a disability under the ADA or Texas law.” However, the court based its decision on the state of the law before Congress drastically widened ADA eligibility in 2009, so it’s not clear how such a case might come out if filed today. [Kevin Cox, Kollman & Saucier, P.A.; Eric B. Meyer]