Florida Lieutenant Claims Discrimination Based on Military Service

Posted by: Curt Varone June 30, 2011 2 Comments

A Florida fire lieutenant has filed a lawsuit claiming he has been passed over three times for promotion due to his military service. Lt. Dominick Landolfi, filed suit on June 10, 2011 against the City of Melbourne and Fire Chief Paul Forsberg claiming that despite being the highest rated candidate for promotion to battalion chief, he was repeatedly passed over. He further claims that his superiors told him that his military service was holding him back.

The suit was filed in Federal court under the Uniformed Services Employment and Reemployment Rights Act, (USERRA), 38 U.S.C. §4323, which prohibits employers from discriminating against employees on the basis of their military service. Lt. Landolfi is also a Senior Master Sergeant in the US Air Force Reserves.

According to the complaint, Lt. Landolfi repeatedly came out on top in assessment center evaluations, but was accused of not having enough “face time” in the fire stations. On one occasion he claims Chief Forsberg accused him of “causing himself to be deployed” to earn more money and not serve the fire department.

Lt. Landolfi seeks the court to order him to be promoted to battalion chief, plus award damages, costs and attorneys fees.

Here is a copy of the complaint filed in US District Court for the Middle District of Florida. Landolfi v Melbourne

More on the story.

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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