On October 27, 2008, a disabled man with a pre-existing cardiovascular condition filed a lawsuit in the U.S. District Court for the District of Rhode Island against the City of East Providence, Rhode Island and various city officials under the Americans with Disabilities Act, 42 U.S.C. § 12112, Section 504 of the Rehabilitation Act, 29 U.S.C. § 794 and State of Rhode Island's Fair Employment Practices Act. The plaintiff, represented by private counsel and with permission from the EEOC, asked the court for declaratory judgment, compensatory and punitive damages and attorney's fees.

The complaint alleged that the defendant discriminated against plaintiff by requiring only the plaintiff, because of his cardiovascular disability, to undergo a vigorous physical as a condition of his employment in violation of state and federal employment law and the Americans with Disabilities Act. Specifically, the plaintiff claimed that the defendant had appointed plaintiff to the position of Assistant Harbormaster, but discriminated against him when it, with knowledge of his cardiovascular condition, required that the plaintiff undergo a rigorous physical examination as a precondition of employment, which no other employee had been subject to.

There was little activity in the case over the next two years.

On September 29, 2010, the parties settled for $15,000 in attorney's fees and $7,000 in damages. The defendant did not admit any fault or wrongdoing. The District Court (Judge William E. Smith) dismissed the case with prejudice on October 5, 2010.

Brian Kempfer - 10/24/2013


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