JACKSONVILLE, Fla. – A former Jacksonville firefighter with attention-deficit/hyperactivity disorder is suing the city, claiming he was denied when he asked for extra time to study for a promotional exam.
Paul Stefanko is filing a lawsuit under the federal Americans with Disabilities Act and Florida’s Civil Rights Act because he says the department failed to accommodate his disability.
Promotional exams for JFRD are given every 3-3½ years, with promotions based on exam results.
According to the lawsuit, the study materials for the lieutenant exam needed to be converted into audio format to accommodate Stefanko’s disability, a process that takes significant time.
Because of that, Stefanko asked for an extra 30 days to prepare, the lawsuit says, but the city denied the request. He performed poorly on the exam and was not promoted.
DOCUMENT: Read the full lawsuit filed by Stefanko
The current agreement between the city and the IAFF Local 122 union states, “there shall be no more than 30 days” between the announcement of an exam and its administration, unless waived by “mutual agreement.”
The agreement says firefighters must have 12 months in the rank of engineer prior to the exam date.
The passing grade for all promotional exams is 70%.
The agreement also includes a clause requiring the employer and union to “comply with the Americans with Disabilities Act of 1990 as amended.”
The lawsuit notes that the U.S. Equal Employment Opportunity Commission (EEOC) found “reasonable cause” to believe the city violated the ADA in denying Stefanko the extra study time.
Stefanko is seeking compensation for the lost promotion, emotional distress, legal fees and a court order to stop discriminatory practices by the city.
News4JAX asked JFRD for comment and received the following statement:
“Thank you for reaching out. We cannot comment on pending litigation.”
News4JAX also reached out to the city of Jacksonville, which also declined to comment on pending litigation.