KeywordsPublic Employee Retirement Administration Commission. Public Employment, Reinstatement of personnel, Retirement. Labor, Fire fighters, Public employment. Fire Fighter, Hiring, Incapacity, Retirement. Anti-Discrimination Law, Handicap, Age, Offer of reinstatement, Employment. Hearing-Impaired Person. Handicapped Persons. Employment, Discrimination. Declaratory Relief

In a decision issued today (JOHN RODRIGUES VS. PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION),  the Appeals Court has sent back to the trial court a challenge to the use by the Public Employee Retirement Administration Commission of the Human Resources Division’s promulgated health and physical fitness standards  in a return to service case.  While upholding findings that seven claims were properly dismissed, the Appeals Court concluded “however, that Rodrigues’s claims for declaratory relief should not have been dismissed, as they raise significant questions of law as to whether PERAC should be applying HRD’s initial fitness standards in a return to service context.  We accordingly remand for further proceedings the claims for a declaratory judgment concerning PERAC’s compliance with c. 32, § 8, and c. 31, § 61A.”  Click here for the full decision of the Appeals Court.

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