Cameron County Detention Officer Receives Docked Benefits
A Cameron County Detention Officer’s fitness for duty was questioned by jail management when the Officer refused to patrol the jail facility grounds from a second story rooftop. The Officer had been diagnosed with acrophobia (fear of heights). The Officer had disclosed his condition before he was hired.
The Officer’s physician determined that the Officer was fit for duty and Mr. Garcia was able to convince county management that they were required to provide reasonable accommodations to the Officer’s condition.
The Officer’s vacation, holiday and compensatory days were being docked. It was clear that the Officer was entitled to have his docked days reinstated as he was involuntarily absent as ordered by the jail management.
Attorney Roberto M. Garcia was able to convince the County that if they insisted on docking the Officer’s pay, the county would be liable under the Americans with Disabilities Act (ADA). The Officer was returned to his job without any issues from the jail management and his benefits were restored without loss in pay.