Huber v. Howard County, Maryland

Howard Country, Maryland (county) (defendant) had firefighting services provided by volunteer-firefighter corporations and career firefighters employed by the county. Volunteers did not have to meet the requirements or testing standards of career firefighters and could choose to limit the functions they performed during an emergency. John Huber (plaintiff), a volunteer firefighter for several years, applied to become a career firefighter with the county. Huber began recruit training but experienced difficulty with the training’s agility tests due to his preexisting asthma, which occasionally required an inhaler to manage. Physicians determined that Huber’s performance of firefighter duties would require using his inhaler and that without it, Huber would face the risk of being incapacitated by such firefighting hazards as outdoor allergens, weather conditions, and hazardous fumes. Huber’s inhaler was not intended for use around extreme heat. The county terminated Huber’s employment because without the inhaler, Huber could not complete the training requirements and would pose a risk to himself and others. Huber filed suit for alleged violation of the Rehabilitation Act, arguing that he could be a career firefighter if allowed to use his inhaler and if the county evaluated Huber at fire scenes before he went into action. The county filed for summary judgment.