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Another bad legal decision from City

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Post Options Post Options   Thanks (0) Thanks(0)   Quote MoneyBags Quote  Post ReplyReply Direct Link To This Post Posted: Jan 02 2013 at 4:03pm
2 million in damages seems pretty reasonable.
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mhornets1 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mhornets1 Quote  Post ReplyReply Direct Link To This Post Posted: Jan 02 2013 at 4:35pm
No Matter what job I have I still have to talk....thats why I never considered my situatiion a disablilty...I stutter whether I am working, shopping, walking, running whatever I am doing I stutter...now I will say I have dealt with several ppl from the city of Monroe as well as ran for school board and NEVER did anybody ever make me feel like I was any different than anybody else and for that I personally thank you....I know Bob Kelly and I have had several conversations that probably took longer than it should have because I stutter lol  :)
IF YOU CAN'T STAND BEHIND OUR TROOPS THEN GO STAND IN FRONT OF THEM....
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Post Options Post Options   Thanks (1) Thanks(1)   Quote blueblood Quote  Post ReplyReply Direct Link To This Post Posted: Jan 02 2013 at 4:41pm
Why do I get the feeling this has nothing to do with stuttering!


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Derek C. View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Derek C. Quote  Post ReplyReply Direct Link To This Post Posted: Jan 02 2013 at 5:03pm
mhornets-- you said "in an emergency situation screaming out one word such as HELP, STOP or POLICE are typically not issues for us..."  Your use of the word "us" suggests you were speaking on behalf all of people who stutter. 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mhornets1 Quote  Post ReplyReply Direct Link To This Post Posted: Jan 02 2013 at 5:08pm
US Meaning People with the same situation I have...I didnt say his situation...but I bet if you ask most ppl who do stutter one word is usually not the issue at hand....Stuttering is due to the brain working faster than the mouth can speak...I went through speech classes as a young child where they gave me a delay in my ear to hear myself talk so it would slow me down..it really didnt help me but it has others.  I just excepted that I do stutter...its gives me character.  But the only way I can see his speech not effecting any job he does is if he has one where he dont have to talk...if he talks he is gonna stutter. 
IF YOU CAN'T STAND BEHIND OUR TROOPS THEN GO STAND IN FRONT OF THEM....
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Post Options Post Options   Thanks (2) Thanks(2)   Quote mhornets1 Quote  Post ReplyReply Direct Link To This Post Posted: Jan 02 2013 at 5:26pm
my next question is (if anybody knows) when he applied for the job as a police officer was he asked "do you have any disabilities that would prohibit you from preforming your duties?" and if so what was his answer.  Did he see his stuttering as a disability when he was doing the job he wanted or just after he was let go?   Im a Supervisor (have been for 16 years)  I do reviews, interviews, butt rippings, phone calls, deal with customers daily and no matter what I still stutter....But if my house was on fire I damn sure could yell FIRE lol   I disagree with using any disability just because things didnt go your way...not saying this is the situation but its something to think about :)
IF YOU CAN'T STAND BEHIND OUR TROOPS THEN GO STAND IN FRONT OF THEM....
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Derek C. Quote  Post ReplyReply Direct Link To This Post Posted: Jan 02 2013 at 5:48pm
Speech and any disability can effect a person's job.  This issue is about safety and federal laws protecting those with disabilities.  Obviously he was able to do a good job as a detective even with the stuttering.  He received accommodations, and there were no complaints, per the City's attorney.  I'm advocating for the City and Police Dept to follow the law.  Also, I'm sure working for them is a different experience than knowing them personally or otherwise dealing with them when you don't work for them.  Anyone in government or politics knows that.  How they treat their people is not the same way they treat the public. 
I'm glad this issue being brought into the spotlight.  The Monroe Police Department and the City of Monroe are discriminating against someone and violating the ADA. 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Derek C. Quote  Post ReplyReply Direct Link To This Post Posted: Jan 02 2013 at 6:05pm
If you interview people, you should know that it's against the law to ask people what disabilities they have and then use that as a reason not to hire them.   
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Derek C. Quote  Post ReplyReply Direct Link To This Post Posted: Jan 02 2013 at 6:10pm
At least one of the articles I've read says that this officer's disability has worsened over the past few years. 
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Post Options Post Options   Thanks (1) Thanks(1)   Quote mhornets1 Quote  Post ReplyReply Direct Link To This Post Posted: Jan 02 2013 at 6:53pm
Every job I interview people for have a list of duties that you are required to do....the application asked if you are able to perform those duties..thats not against the law.  Why would you hire somebody who can not perform the duties....I do not have to disclose that I stutter or have lupus but when asked if I am able to lift 100 lbs, I have to answer NO...my disease would prevent me from doing so....My question is Did he see his speech as a disability when he applied to be a police officer??? Did he feel at the time that he would be unable to perform certain jobs duties as a police officer....just because I am a supervisor who rarely drives a forklift, I am still required to be able to drive one if needed...if my "disability" (disease) would prevent me from doing so than answering yes on an application would be a lie and subject to termination....
IF YOU CAN'T STAND BEHIND OUR TROOPS THEN GO STAND IN FRONT OF THEM....
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Derek C. Quote  Post ReplyReply Direct Link To This Post Posted: Jan 02 2013 at 7:34pm
The City said he was terminated because his disability prevented him from being a patrol officer.  He didn't lie on any application or deny his disability, otherwise they would've said so.  The City made clear his firing was due to the disability.  They were required under the law to make reasonable accommodations, ie, keep him in a position he can do.  They did not do that, hence the lawsuit.  You may not like those laws but the laws are in place to protect people.    And by the way, there is a difference between asking someone if they can lift 50 lbs and then they answer about their disability versus you asking what disabilities they have.  Likewise, you cannot ask people about their religious affiliation, but you can ask a neutral question like are they available 7 days/week, and if they answer it's against their religion to work Sundays, they have brought up religion.  If you can't see the difference, you're beyond help. 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Derek C. Quote  Post ReplyReply Direct Link To This Post Posted: Jan 02 2013 at 7:45pm
Also, and I'm done with repeating myself after this, the article discusses that his disability worsened since becoming an officer.  Meaning, the patrol officer position became dangerous as the stuttering worsened.  He was still able to be a detective and work other desk jobs, therefore, reasonable accommodations could have and should have been made.  And if he lied on any application or was a bad employee, he wouldn't have worked there for 10 years.  Police officers have to pass many tests, including polygraphs, before becoming officers.  It seems to me that when his disability worsened, the department chose to get rid of someone with a disability rather than make a reasonable accommodation as required by law.  They are not above those laws. 
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Post Options Post Options   Thanks (2) Thanks(2)   Quote cmsquare Quote  Post ReplyReply Direct Link To This Post Posted: Jan 02 2013 at 8:04pm
still no comment on your connection to this?

if you answered it I didn't see it
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Derek C. Quote  Post ReplyReply Direct Link To This Post Posted: Jan 02 2013 at 8:10pm
I answered 8 hours ago.  Scroll back to the first page.  I happen to know enough about the ADA and employment laws to discuss.  What is your connection? 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote cmsquare Quote  Post ReplyReply Direct Link To This Post Posted: Jan 02 2013 at 8:15pm
I don't have any connection.

I'm not the one who created the thread.


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Post Options Post Options   Thanks (1) Thanks(1)   Quote Animal1993 Quote  Post ReplyReply Direct Link To This Post Posted: Jan 02 2013 at 8:20pm
I know that cmsquare is probably going to pass out, but I think I'm going to have to agree that you seem to be a lot more connected to this story, than just as someone knowledgeable in the law.
 
*IF* there is true discrimination going on, then I hope that this officer gets everything that he is entitled to.  (Although I think 2.5m is a bit excessive!)  However, unless you have additional information, that the article does not state, you really have no idea if he is being discriminated against for ANY reason.  I don't know this officer, so I won't begin to try to judge his character.  But, 10 years is a long time for an employee's personality, and job performance, to change. 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Derek C. Quote  Post ReplyReply Direct Link To This Post Posted: Jan 02 2013 at 8:40pm
No, of course I don't know everything that's going on or all the details.  I'm discussing the law in the context of the allegations filed in the lawsuit.  I've seen this story in several articles and I believe it has been on the news too.  It looks like the City did discriminate.  The City did NOT say they made any efforts of reasonable accommodations.  And I didn't start this discussion either.  Discrimination is a terrible thing that should not be tolerated.  I don't know everything that went on, but neither do you.  From what I'm reading, this case has merit. 
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Post Options Post Options   Thanks (1) Thanks(1)   Quote whineisfine Quote  Post ReplyReply Direct Link To This Post Posted: Jan 02 2013 at 11:11pm
blueblood,
  I agree. I  am feeing like this has nothing to do with stuttering. I don't have a good handle on it yet, but I am feeling it is hinkey. Something is wrong here.
 
  A good cop--or detective--is valuable no matter his " disability". NO I do not think stuttering is a disability, but it isn't sitting right with me.
 
  After all this time, NOW it is a problem. Someting is rotten in Monroe.
 
  Been around the block a few times, and this is not right.
 
 
 
 
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Post Options Post Options   Thanks (1) Thanks(1)   Quote Max HC Quote  Post ReplyReply Direct Link To This Post Posted: Jan 03 2013 at 12:51am
Does anyone on this forum think that just maybe this guy didn't follow code and bring his superiors their snacks? If anyone knows any of the past officers, they'll know what I'm talking about. Snacks, it''s all about snacks... WTF- who cares! Let it play out and have it's day in court.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Max HC Quote  Post ReplyReply Direct Link To This Post Posted: Jan 03 2013 at 12:52am
Oh, and I do still think this guy may have just needed a poke in the chest. It straightened the city manager out. I'm all for that by the way. Good luck everyone.
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Post Options Post Options   Thanks (2) Thanks(2)   Quote cmsquare Quote  Post ReplyReply Direct Link To This Post Posted: Jan 03 2013 at 3:16am
Originally posted by Derek C. Derek C. wrote:

The City did NOT say they made any efforts of reasonable accommodations. 


the city didn't say anything mainly because smart people don't comment on pending litigation.


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Post Options Post Options   Thanks (0) Thanks(0)   Quote Houndog Quote  Post ReplyReply Direct Link To This Post Posted: Jan 03 2013 at 7:12am
I sure could go for some popcorn! How 'bout you Max HC? Haha.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote cmsquare Quote  Post ReplyReply Direct Link To This Post Posted: Jan 03 2013 at 8:04am
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Post Options Post Options   Thanks (1) Thanks(1)   Quote mhornets1 Quote  Post ReplyReply Direct Link To This Post Posted: Jan 03 2013 at 8:43am
My only connection is I stutter and dont see it as a disability :) For myself
IF YOU CAN'T STAND BEHIND OUR TROOPS THEN GO STAND IN FRONT OF THEM....
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Post Options Post Options   Thanks (1) Thanks(1)   Quote thegoodrichfam Quote  Post ReplyReply Direct Link To This Post Posted: Jan 03 2013 at 8:54am
mhornets1, I applaud you for embracing what makes you "you"! I know a few people who have what the law lables as a disability, but they themselves don't see it as that. They accept who they are and instead of trying to be like everyone else, they are just themselves. Some of the most genuine people you'll ever meet!
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