Louisiana Appeals Court Upholds Denial of Promotion

The Louisiana Court of Appeals has upheld a lower court ruling in a promotional challenge case from the Kenner Fire Department. The case involves the fire chief’s decision to deny Joseph Sunseri a promotion to Assistant Fire Chief, following some difficulties he encountered while serving in the position during a “working test period”.

NY Court Rules That Resignation Terminates Firefighter’s Ability to Appeal Termination

The Rockland County Supreme Court has ruled that a firefighter who resigns in lieu of being terminated, cannot challenge the grounds for discipline. That decision came in the case of Robert Doremus, formerly a firefighter with the Tallman Fire District.

Iowa Fire Department at Center of Nativity Scene Controversy

An Iowa fire department that has hosted a nativity scene during the holidays for the past fifteen years, has found itself at the center of a First Amendment controversy about the separation between church and state. The Freedom From Religion Foundation requested the Mayor and City Council of the City of Toledo to remove a nativity scene from the front of the Toledo Fire Department’s station.

Terminated California Fire Chief Sues City

A California fire chief who was terminated in October following a vote of no-confidence by the firefighters’ union, has filed suit alleging ethnicity and age discrimination. Chief Angel Montoya filed suit in Contra Costa County Superior Court naming the City of Richmond as the sole named defendant.

Fire Law Roundup for December 11, 2023

In this episode of Fire Law Roundup for December 11, 2023, Brad and Curt discuss a lawsuit challenging the Cleveland Fire Department’s physical abilities test as discriminatory against women; an FLSA overtime suit in Brookline, Massachusetts; a locker search case ...

FDNY Fire Inspectors File FLSA Overtime Suit

Twenty-six fire inspectors for FDNY have filed suit in federal court claiming the city failed to pay them overtime compensation in accordance with the Fair Labor Standards Act. The inspectors claim they routinely work in excess of their regularly-scheduled forty hours per week, are not compensated for those extra hours unless they are pre-approved.

Women Claim Cleveland Fire Department’s Hiring Process is Discriminatory

Two women who failed the Cleveland Fire Department’s physical abilities test in 2017, have filed suit alleging gender discrimination. Yolanda McKay and Christine Scott filed suit in US District Court for the Northern District of Ohio alleging a violation of Title VII of the Civil Rights Act of 1964.

Massachusetts Firefighters Alleged Overtime Violations

Two Brookline fire lieutenants have filed a class action lawsuit claiming the town failed to pay them overtime as required by the Fair Labor Standards Act. Lieutenants Brian Bergeron and Paul Trahon filed suit in US District Court for the District of Massachusetts on behalf of 150 similarly situated firefighters.

Firehouse Locker Search in Rhode Island Leads to Federal Suit

The Rhode Island affiliate of the American Civil Liberties Union has filed suit on behalf of six Pawtucket firefighters accusing the city, the fire chief and a city police officer of violating their constitutional rights by conducting a locker search in September. Firefighters Noah LeBlanc, Stephen Garlick, Manuel Benevides, Scott McDonald, and Steven Como brought the action by and through the ACLU’s attorneys.

Colorado Firefighter Claims Termination Was Retaliation for Reporting Domestic Assault

A Colorado firefighter who was terminated in March, has filed suit alleging gender discrimination, disability discrimination, retaliation, whistleblower violations, and wrongful termination. Jennifer Sokol filed suit against the Los Pinos Fire Protection District in US District Court for the District of Colorado.

Fire Law Roundup for December 4, 2023

In this episode of Fire Law Roundup for December 4, 2023, Brad and Curt discuss a ruling by the Missouri Court of Appeals concluding that the state’s Board of Mediation acted arbitrarily in denying a union’s petition to organize fire ...

Missouri Court of Appeals Overrules Labor Board

The Missouri Court of Appeals has ruled that the state’s Board of Mediation erred when it refused to consider a petition by IAFF Local 2665 to establish a bargaining unit for captains in the City of Richmond Heights. The board and a lower court concluded that the “Contract Bar Rule” prohibited Local 2665 from seeking to organize the captains.

Federal Court Upholds Atlantic City Fire’s No-Beard Rule

The US District Court for the District of New Jersey has upheld the Atlantic City Fire Department’s no-beard policy. The policy had been challenged by a city firefighter, Alexander Smith, on First Amendment, religious, and equal protection grounds. Smith also claims he had been retaliated against for requesting an accommodation.

Oregon Volunteer Again Seeks $8.35 Million for Sexual Harassment

A former Oregon volunteer firefighter who filed and later dismissed a sexual harassment, whistleblower, and wrongful termination suit in 2021, has filed a virtually identical suit against the same parties. Amy Lenz filed suit against the Knappa Fire District and three district officials.

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