Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
Eight firefighters from Davie Fire Rescue have filed a comprehensive 87 page complaint with the EEOC alleging sex discrimination and retaliation. The complaint comes on the heels of two pending gender-based lawsuits against the department.
As best I can tell the cluster of cases began in 2009 when Fire Inspector Linda Stokoe was terminated. Stokoe sued claiming she was discriminated against, and subjected to a hostile work environment. She alleges that supervisors went so far as to time her bathroom breaks, and did not similarly time the bathroom breaks of male personnel.
Retired Lieutenant Larry Pasko sought the open position as a fire inspector and contends that the town hired a woman, Susan DiPuglia, who lacked the requisite certifications in an effort to conceal its previous discriminatory termination of Linda Stokoe. Pasko’s suit is set for trial in December 2012.
The eight members who filed the most current discrimination complaint with the EEOC include both male and female firefighters, and one retired member. They allege that female personnel in DFR face harsher discipline, are promoted less often, and confront a hostile work environment. The complaint also alleges that anyone who speaks out, male or female, faces retaliation.
Attorney Erik Nelson is representing Stokoe for her termination, Pasko for his discrimination case, and the eight complaining firefighters. He was quoted as saying “We are fully and actively participating in the administrative process with the EEOC and the Department of Justice with the hope that these issues may be resolved without further court action. However, if they are not, we are ready, willing and able to proceed to court.”
