Tulsa Settles Fire Department Hiring Discrimination Suit for $35k

Posted by: Curt Varone August 14, 2015 1 Comment

The Tulsa City Council voted Thursday afternoon to settle a sex discrimination suit brought against the city and Fire Chief Ray Driscoll that claimed the chief took a photo of a fire department applicant in order to compare it to nude photos of her he had been given.

The bizarre suit was filed in 2014 by Jessica Chance, an applicant for the Tulsa Fire Department in 2011. According to the complaint:

  • The Plaintiff advanced to the fourth round of the testing/hiring process.
  • During this interview, Defendant Driscoll instructed the Plaintiff to stand against a wall and pose for a picture. He stated that they were taking pictures of all of the applicants, however, upon information the Plaintiff gained from other male applicants, Plaintiff learned that the other male applicants were not photographed.
  • The Plaintiff then learned that she was not being hired to work for the Tulsa Fire Department in August 2012.
  • The Plaintiff next learned that the photograph taken of her by Defendant Driscoll was used to compare to nude photographs obtained of the Plaintiff from a Tulsa Police Officer in order to confirm that it was the Plaintiff in the photographs.
  • The nude photographs were taken within the confines of a previous relationship the Plaintiff had with the Tulsa Police Officer.
  • The Plaintiff was discriminated against as a result of these gender-based actions and criteria used for consideration and qualification for the position.

Chance sued the city and Chief Driscoll in state court for gender discrimination and intentional infliction of emotional distress. The city removed the case to federal court and was successful in getting the claims against Chief Driscoll dismissed. The city council approved a settlement that authorized Chance to be paid $35,000 in order to resolve the remaining claims against the city.

Here is a copy of the complaint: chancecotlawsuit

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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