Oakland Captain Sues for Discrimination
A veteran captain with the Oakland Fire Department who claims he was passed over numerous times for promotion to battalion chief, has filed suit in federal court alleging discrimination and retaliation based upon his Native American and Hispanic descent.
Captain Joseph Torres claims that despite finishing high on promotional tests and having outstanding credentials, Oakland Fire Chief Teresa Deloach Reed purposefully bypassed him in favor of caucasian and black candidates.
According to the complaint:
- After the initial promotions [when he was bypassed], plaintiff Torres requested a meeting with defendant Deloach Reed to understand why she failed to promote him to Battalion Chief for one (1) of the first two (2) available positions. Defendant Deloach Reed admitted that Captain Torres was “highly qualified for the position” and did “very well” in his interviews, but stated that she did not promote Captain Torres because an undisclosed individual had told her that he did not support her and was speaking negatively about her.
- Plaintiff Torres advised defendant Deloach Reed that any such hearsay was false and asked for the identity of the person(s) who had made the alleged statements which were false. But defendant Deloach Reed refused to identify the “source” of the alleged statements/allegations falsely attributed to Captain Torres.
The complaint lists numerous other instances where Chief Deloach Reed had the opportunity to promote Captain Torres to Battalion Chief, and failed to do so. Among the nine counts contained in the 17 page complaint are:
- Racial And National Origin Discrimination Against Defendants City of Oakland and Oakland Fire Department pursuant to California Government Code Section et seq. 12940 et seq
- Retaliation Against Defendants City of Oakland and Oakland Fire Department pursuant to California Government Code Section et seq. 12940 et seq.
- Failure To Prevent Discrimination Against Defendants City of Oakland and Oakland Fire Department pursuant to California Government Code Section et seq. 12940 et seq.
- Violation of 42 U.S.C. Section 1983 Racial Discrimination
- Violation of 42 U.S.C. Section 1983 Retaliation
- Violation of 42 U.S.C. Section 1981 Racial Discrimination
- Violation of 42 U.S.C. Section 1981 Retaliation
- Intentional Infliction of Emotional Distress
- Request for Punitive Damages under California Civil Code Section 3294.
Here is a copy of the complaint, which was filed on November 5, 2016: Torres v Oakland
You would think a black female fire chief — who has probably been a victim of discrimination herself in the past — would be a little more sensitive to these issues. On the other hand, I have noticed a lot of blacks — NOT a majority, but a sizeable minority — are every bit as narrow-minded and bigoted as the “crackers” they despise, especially in issues of sexuality.
Of course, it’s equally likely that Captain Torres HAS been bad-mouthing her, in which case, he should learn his lesson and shut up.
EVERYONE has prejudices no matter their race, religion or creed. The problem is the bigots are content to spout their prejudices.
Steve – agree 100%. We are all blind to our own prejudices… but we can see them clearly in others…
Curt
There seems to be more than this issue with the FC being promoted to BC. It appears she has issues in promoting others off the promotional lists, from Engineer to Lieutenant or FC.
The “Onion” may be beginning to unwrap and come apart.
Don’t believe a word out of this guy’s mouth. Joe Torres is one of the biggest racists in the OFD. He was recently a defendant in a racial discrimination lawsuit himself and is known for intimidating, profiling, retaliating and refusing to train African American Firefighters. Also only claims his latino and native american heritage when it’s convenient. When confronted by African American Firefighters about being a racist he denied and said, “I have friends who are Black.” Are you curious why there aren’t any photos of him online??? Here he is below…
Joe Torres and the other defendants were recently victorious in this case and proven to be innocent of all charges.
Torres is the plaintiff in this case. Is there another case you are referring to?
He would not have been “proven innocent,” he would have been found “not guilty.” BIG difference (in the world of the law, that is.)