Complainant alleges that he was subjected to different terms and conditions because of his race when Respondent refused to reinstate him as Battalion Chief and allow him to drive. Respondent asserts that Complainant is still undergoing medical treatment for a partially detached retina and had not reached his maximum medical improvement with his left eye. Respondent also asserts that Complainant can perform firefighter/EMT “emergency medical technician” activities with the exception of emergency response driving, which is an essential function of the position of a Battalion Chief/EMT in the Bureau of Operations.
The investigation uncovered that Complainant, as of June 2015, was still undergoing treatment for his partially detached retina. The investigation revealed that Complainant was cleared to perform all task as a
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However, the evidence shows that Complainant was told that he was unable return to the Bureau of Operations because he had not reached the maximum medical improvement for the injury to his retina in his left eye. By Complainant’s own admission as of June 2015, he was still undergoing treatment for a partially detached retina and had not reached his maximum medical improvement for his left eye. Further, Complainant acknowledges that he was told by Respondent’s Medical Director the reason he could not return to the Bureau of Operations was the concern about him performing emergency response driving which is an essential job function.
Although Complainant’s physician gave him medical clearance to return to work without any restrictions, Respondent’s Medical Director told Complainant that he could perform all tasks except the emergency response driving. Further, the evidence shows that Complainant accepted the Battalion Chief/EMT position in the Fire Prevention Bureau knowing that he was not required to respond to emergencies unless ordered to do