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 in JOHN RODRIGUES VS. PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION (PERAC)  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 “. . .  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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