Jury Rules Miami Dade Did Not Discriminate Against African American Female Captain

A jury has ruled that the Miami-Dade Fire Rescue did not discriminate or retaliate against an African American fire captain who claims she was wrongfully passed over for promotion.

Captain Faye Davis sued the department and IAFF Local 1403 in 2012 accusing both of race and gender discrimination as well as retaliation for previous complaints she made about discrimination in the department.

According to the complaint, Captain Davis scored tenth on the 2008 promotional test for “Chief Fire Officer”, second on the 2009 test, and fifth on the 2010 list. In each case she was not promoted due to a lack of chief officer vacancies. Captain Davis alleged that the department and the union routinely agreed to allow “overage” promotions in certain circumstances but chose not to when it came to her.

The suit was filed in Miami Dade County Circuit Court alleging state law employment discrimination. Local 1403 was dismissed from the case in 2016. The trial began in October and the jury rendered its verdict on November 3, 2017.

Here is a copy of the original complaint: Davis v Miami Dade et al

Here is a copy of the jury instructions: Davis JURY INSTRUCTIONS

Here is a copy of the jury’s verdict form: Davis VERDICT

Captain Davis has already requested a new trial.

About Curt Varone

Curt Varone has over 40 years of fire service experience and 30 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) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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