Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone

Kansas City, Missouri has agreed to settle the third of three reverse discrimination suits related to the 2022 promotion of a black captain to deputy chief. The suits were brought by three white battalion chiefs who claim they were wrongfully passed over on account of their race.

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The city of New York has agreed to settle the FLSA overtime claims of 326 fire inspectors for a grand total of $4.3 million. The lawsuit was filed last year by 26 original plaintiffs who alleged they were not compensated for all hours worked; their overtime was paid on an amount less than their regular rate; and the city failed to pay overtime in a timely manner.

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The Illinois Court of Appeals has upheld a ruling that dismissed the state law claims of a female lieutenant who claims she was assaulted by another officer, and then retaliated against when she reported it. Michelle Giese claims Lieutenant Nathan Boyce picked her up and pushed her against a wall at a structure fire on October 18, 2018.

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What should happen to a firefighter who is terminated after being convicted of a criminal offense, when the conviction is overturned? That is the question facing the fire department on the island of Jamaica, but there’s a catch: The 2009 conviction was reversed in 2020.

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In this episode of Fire Law Roundup for December 2, 2024, Brad and Curt discuss the dismissal of a sexual harassment claim in the UK over a supervisor discussing a handbag (yes you read that right); a disability discrimination suit ...

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A female employee of the West Yorkshire Fire and Rescue Service who accused a manager of being a sexual predator because he commented on her handbag, has lost her claims of race discrimination, disability discrimination, sexual harassment and unfair dismissal. Tayba Amber apparently did prevail on one claim: “victimization.”

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A Florida firefighter suffering from an undisclosed health condition claims he was wrongfully terminated, discriminated against and retaliated against in violation of state and federal disability laws. Mark Rothenberg filed suit today against Marion County Fire Rescue.

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A Michigan firefighter who claims she was forced to resign due to the frat-house culture in her department has filed suit in federal court alleging sexual harassment, gender discrimination and retaliation. Annie Wallen filed suit against the City of Jackson and three ranking officers.

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The California Court of Appeals has upheld a trial court ruling concluding that the City of Petaluma and two of its firefighter-paramedics cannot be held liable for the medical injuries of a patient who repeatedly decline medical aid. Marites Murphy filed suit after she suffered a stroke following a car crash.

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In this episode of Fire Law Roundup for November 25, 2024, Brad and Curt discuss the dismissal of a tattoo case in Mobile, Alabama; a lawsuit brought by the US DOJ against the Commonwealth of Pennsylvania over the requirement of ...

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An Indiana firefighter who claims he was harassed and defamed by his fire chief after suffering from work-related PTSD, has filed suit alleging violations of the FMLA and ADA, retaliation, and defamation. Chris O’Neil filed suit against the City of Richmond and former fire chief Jerry Purcell.

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The US District Court for the Southern District of Alabama has upheld the termination of a Mobile firefighter in 2022. Kay’Ana Adams filed suit last year alleging race, gender, sexual orientation and religious discrimination; hostile work environment; retaliation; and an Equal Protection violation.

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The US DOJ has filed suit against Pennsylvania alleging that the commonwealth’s sprinkler mandate for so-called “community homes” unlawfully discriminates against people with intellectual disabilities and autism. The lawsuit filed yesterday claims that the commonwealth’s enforcement of the Uniform Construction Code violates the Fair Housing Act.

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A Maryland firefighter has filed suit against a volunteer fire company and Montgomery County alleging both entities failed to accommodate his disability by making it difficult for him to have his service dog with him. Jayce Yeh filed suit against the Burtonsville Volunteer Fire Department and the county alleging disability discrimination.

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