Whitman police officer sues town over disability accommodations

BOSTON -- A Whitman police officer is suing the town, a former police chief and a former town administrator for $750,000, saying they discriminated against him and didn't accommodate his disabilities.

A lawsuit filed in federal court this month seeks damages for emotional distress, loss of wages and legal fees.

The officer, Sgt. Edward Slocum, of Duxbury, claims that the police department and the town did not accommodate him or address health concerns regarding his diagnoses of migraine headaches, dyslexia, dysgraphia and attention deficit hyperactivity disorder. Dysgraphia affects the ability to write.

Slocum, in his complaint, said he was discriminated against and retaliated against for his disabilities and for participating in on-the-job treatments for his conditions such as taking an occasional short meditative break in a quiet, dark area to alleviate his migraines.

In addition to the Town of Whitman, the lawsuit names former Police Chief Scott Benton, who retired last year, and Town Administrator Frank Lynam, who retired in October. Benton declined to comment on Wednesday, citing the ongoing litigation, and Lynam could not immediately be reached for comment.

In a statement, lawyer Joseph Padolsky, who is representing Whitman, said this is not a new case and that Slocum had already brought it before the Massachusetts Commission Against Discrimination in 2018.

"The recently filed federal complaint is a continuation of a case which was already pending before the MCAD," Padolsky said. "We fully defended the town, Mr. Lynam, Chief Benton and Chief (Timothy) Hanlon from Sgt. Slocum’s lawsuit when it was before the MCAD and we will continue to do so now that it is has been moved to the federal court. The town makes every effort to comply with local, state and federal laws. We are confident that the result of this case will reflect those efforts."

The Patriot Ledger has filed a public records request for the files in the MCAD case.

The court complaint says Slocum's trouble began when he disclosed his diagnoses in 2016. He said the town was slow to discuss accommodations such as special software for his computer to help with paperwork, and that he was once suspended over his migraine meditation.

"Immediately following the formal written request ... for accommodations, the town began a campaign that alleged Sgt. Slocum’s disabilities and symptomology raised 'serious' concerns about whether he posed a significant threat to the safety or health of himself, his fellow officers and/or the public, and thus, whether he should be permitted to continue to perform in his current position or in his job at all," the complaint said. "This action was clearly retaliatory and done in close temporal proximity to the written request for accommodation."

Slocum's complaint also says an internal affairs investigation that resulted in a monthslong administrative leave, demotion and suspension was purely retaliation for asking for accommodations for his diagnoses.

The investigation followed an incident in November 2017 when Slocum was dispatched to a call for service about a man sleeping in his truck. The complaint said Slocum found the man in a deep sleep, but responsive. He saw no key in the ignition or signs of drugs or alcohol, and left him alone.

The complaint says Slocum informed officers on the next shift, who found that the man's truck smelled strongly of alcohol. They woke him and took him into protective custody.

Slocum was eventually demoted from sergeant to officer over the incident, for alleged incompetence and neglect of duty. The demotion and a 45-day suspension were vacated in April by the state Civil Service Commission.

The complaint also says that fellow officers in the department had improperly learned about Slocum's diagnoses, and then questioned "his mental state and his decision-making abilities, thereby resulting in a loss of reputation and trust among his peers."

The complaint says the actions of the department and the town violated the Americans with Disabilities Act.

"What Sgt. Slocum asked for was entirely reasonable and appropriate," his lawyer Timothy M. Burke said. "He did a great job (in his career), and when the powers weren't willing to engage him in his requests, it eventually resulted in retaliation."

Burke said situations like this can make it difficult for other civil servants to disclose disabilities for fear of retribution.

Slocum suffered an on-duty stroke in January 2019 that was caused by workplace stress, according to the complaint.

Slocum has been a member of the Whitman Police Department for more than 30 years and was promoted to sergeant in 1994. Slocum also was the interim police chief in Whitman for about a year after the retirement of former Chief John Schnyer in 2005.

Joe Difazio can be reached at jdifazio@patriotledger.com.

This article originally appeared on The Patriot Ledger: Whitman police officer sues town over disability accommodations

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