Medford Firefighters Hold the Line on Invasive Medical Questioning

Medford Fire Fighters Union, Local 1032 held back yet another attempt by the Fire Chief at seeking unnecessary access to medical records from firefighters returning to work after using personal sick leave. In a case orchestrated by Attorney Leah Barrault and tried by Attorney Alfred Gordon O'Connell, the arbitrator held that the City had violated the clearly established past practice of allowing firefighters to return to work based solely on notification from their doctors that they are fit to return, without the release of any further medical information.

The case began when the Medford Fire Chief, for the first time, sought to require a returning firefighter to sign a medical release allowing the Chief to speak with his doctor and get access to his medical records. When the firefighter and the Union objected, the Chief (unsuccessfully) tried to have the firefighter involuntarily retired and then threatened termination from employment unless the firefighter submitted a detailed medical questionnaire signed by his doctor. All the while, the firefighter was forced to remain out on sick leave.

At the arbitration hearing, the City was unable to present any evidence that such medical information had ever before been required. The arbitrator thus held that the City violated the past practice clause of the collective bargaining agreement by not allowing the firefighter to return to work with a simple doctor's note. The arbitrator further ordered the City to restore the excess sick leave the firefighter had to use during the ordeal as well as to pay him for lost holiday pay and lost overtime opportunities.

Charges are also pending against the City and the Fire Chief with the Massachusetts Commission Against Discrimination alleging discrimination based on age and perceived disability both for the invasive demands for medical information and for the shocking attempt to have the firefighter involuntarily retired.