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

The City of Chicago and the US Department of Justice have agreed to dissolve a 42-year-old consent decree that has governed promotions within the Chicago Fire Department since 1980. The race-based consent decree governed the promotional process from engineer through battalion chief within the department for the past four decades.

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In this episode of Fire Law Roundup for June 20, 2022, Brad and Curt discuss a court ruling upholding the termination of a Hunstville, TX firefighter; the indefinite suspension of a San Antonino captain for waiving a handgun at colleagues; a disability discrimination suit by an FDNY EMT terminated for not getting a COVID vaccine; the dismissal of a retaliation suit by a LAFD firefighter; and concerns about an uptick in lawsuits against fire while assisting police.

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A lawsuit filed by a Hunstville firefighter who was terminated in 2019, has been dismissed. Jason January claimed his termination was on account of his disability, his age, and in retaliation for his filing a complaint with the EEOC.

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A captain with the San Antonio Fire Department has been suspended indefinitely for pointing a handgun at colleagues. Captain Rogelio Loredo admitted to waiving the pistol at two firefighters, but told investigators he was “just joking around.”

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An EMT with FDNY who was terminated in April has filed suit claiming she is being discriminated against on account of a perceived disability. Giovanna Gonzalez filed suit claiming the city violated the Americans with Disabilities Act and the Americans with Disabilities Act Amendment Act.

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A probationary firefighter with the Los Angeles City Fire Department who filed suit in 2020 contending his termination was retaliation for complaining about hazing and harassment, has agreed to dismiss his suit. Daniel Eble sued the city in Los Angeles County Superior Court alleging five state law employment violations.

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Tonight I was going through the most recent court decisions available through my Lexis subscription, and after the fourth one realized there were striking similarities that go beyond the fact a fire department was mentioned in each. Each case was a lawsuit brought by someone who had been arrested by the police.

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In this episode of Fire Law Roundup for June 20, 2022, Brad and Curt discuss a lawsuit filed by a group of San Francisco firefighters fired for not complying with the vaccine mandate; a ruling upholding the termination of an Indianapolis firefighter who alleged a disability discrimination; a ruling dismissing a suit against the New Haven FD’s lottery system for tie breaking; OSHA citations against an Illinois FD following a Mayday bailout; and a new law in New York regulating photo-taking.

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Twenty-one San Francisco firefighters who were fired for failing to comply with the city’s COVID19 vaccine mandate have filed suit alleging religious discrimination, failure to accommodate religious beliefs under California law, due process violations, and violations of their autonomous privacy rights. The suit was filed in San Francisco County Superior Court.

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An Indianapolis firefighter who was terminated in 2020 for being absent without leave, has lost his federal court lawsuit. Sanjiv Neal claimed the department violated the Americans with Disabilities Act, the Rehabilitation Act, and 42 U.S.C. § 1983, plus committed wrongful termination, negligent infliction of emotional distress, negligent supervision, and intentional infliction of emotional distress.

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A lawsuit filed by two unsuccessful candidates for the New Haven Fire Department has been dismissed. Tanisha Hill and Michael Terrell Banks filed suit last year alleging that the city’s decision to break a tie of 99 first place candidates by a lottery was illegal.

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The State of New York is poised to adopt a new law that will make it a criminal offense to disseminate images of the victim of a criminal offense. The new law, referred to as the Grieving Families Act and/or Bianca and Caroline’s Law, is a new alternative to address an ongoing problem.

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An Illinois fire department is facing eight OSHA citations following an investigation into a 2021 fire that resulted in three firefighters being hospitalized. The fire in a mixed commercial – apartment building in Beardstown led to a mayday and bailout by the three firefighters, each of whom fell approximately 21 feet.

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In the episode of Fire Law Roundup for June 13, 2022, Brad and Curt discuss a sexual harassment case involving a volunteer fire department; a collective bargaining case on military leave; a discrimination suit by a firefighter over an interracial marriage; a unilateral change to a COVID sick leave policy; and the settlement of a LODD suit brought against the manufacturer of gas piping that ruptured starting a fire.

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