Legal Question in Employment Law in Maryland

Employment Promotional Testing Discrimination

I am a police officer involved in my Department's Sergeant Promotional Process. My 8 year old son came down with the chicken pox, and subsequently exposed me to the virus. I have never had it, and had to report the exposure to my job. My Department's Infection Control Office drew blood and discovered I had no antibodies to the virus. They subsequently put me on a 10-21 day no public contact quarantine. Needless to say I would miss the skills assessment phase of testing for Sergeant. I contacted my FOP, who in turn contaced Personnel, and then the testing consultant. They told me no contingencies were in place, and I would not be able to complete the testing process. I missed the last phase because of this. Do I have any legal recourse, due to the circumstances of my inability to attend? Does my Department or the testing consultant have a responsibility to ensure that I was able to compete? What are my options? Should I file suit? I thank you for your time.


Asked on 6/30/02, 11:45 pm

1 Answer from Attorneys
Jay Holland Joseph, Greenwald & Laake, P.A.

Re: Employment Promotional Testing Discrimination

This is a difficult issue. However, this situation may involve implication of the Family and Medical Leave Act and the Americans with Disability Act. This may also implicate the terms of your Union contract and you probably should follow up with your Union representative. Also, each County has its own Personnel policies and procedures, especially as it relates to promotional exams and procedures. Those procedures would have to be researched thoroughly in your case. As such a detailed answer requires some additional research. This is an area in which I have particular expertise, and I would be happy to discuss with you further.

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Answered on 7/01/02, 12:04 pm


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