A federal court in Alabama has dismissed part of a Birmingham firefighter’s ADA lawsuit against the city, while allowing portions of the case to proceed. The suit was brought by Birmingham Firefighter Herman Walker, who alleges the city failed to accommodate his mental health conditions and retaliated against him after he sought transfers away from stations with high levels of violent calls.
According to the complaint, Firefighter Walker began working for the City of Birmingham in 2011 and spent several years assigned to Station #15, which he alleged handled a large number of violent incidents. In June 2021, he was hospitalized and diagnosed with post-traumatic stress disorder (PTSD), depression, and anxiety. He alleged that his physician provided documentation stating that his assignment at Station #15 was negatively affecting his mental health and recommending a transfer. Walker claimed the city refused the request.
The complaint alleged that Walker was hospitalized again in August 2023 for stress, anxiety, depression, and PTSD. A doctor again recommended reassignment to a station with fewer “potentially traumatic or dangerous situations.” The city later transferred him to Station #16, but Walker alleged it presented a similar environment to Station #15…