Phoenix Deputy Chief Claims Harassment and Retaliation

A deputy chief from Phoenix, Arizona has filed a rather unusual sexual harassment suit against the department: he claims that he was harassed by members and retaliated against by the department because he reprimanded officers who allowed sexually inappropriate drawings and items to be displayed in a fire station.

The case began in November, 2009, when Deputy Chief Frank Cheatham observed “several inappropriate, sexually suggestive drawings and items—specifically, two depictions of a penis and testicles—openly displayed in the workplace at Fire Station 1.” At the time Chief Cheatham was the South Side Shift commander, in charge of roughly 440 firefighters. He “admonished the supervisors at Fire Station 1 that such drawings were inappropriate and would not be tolerated in the future.”

Thereafter, Chief Cheatham was informed he was no longer welcome at meals at the station, and that “the firefighters at Fire Station 1 would never trust Chief Cheatham’s assistant again and considered him to be a spy for Chief Cheatham.”

Chief Cheatham claims that he then subjected to harassment, including:

  • “a t-shirt bearing another drawing of a penis and testicles [being] draped over a piece of gym equipment” where he was working out;
  • “a large brown envelope in interoffice mail containing two small pieces of pasta, one of which resembled a penis and the other of which resembled a vagina. … The piece of pasta resembling a vagina had Chief Cheatham’s first name (“Frank”) written on it.”
  • “rumors … that he would be removed from his position as Deputy Chief Shift Commander of South Shift Command.”

In March, 2010 Chief Cheatham was involuntarily transferred to the safety division, an assignment that he referred to as having “less favorable working hours … than the hours that he enjoyed in his position as Deputy Fire Chief Shift Commander of South Shift Command… and far less prestige…”

The complaint characterizes the transfer as retaliation, and demotion. It claims ‘The City of Phoenix Fire Department is engaging in a pattern and practice of retaliating against its employees who complain of discrimination in the workplace…. [and that the] harassment and retaliation summarized above had a substantial negative impact on Chief Cheatham's employment and psychological wellbeing and continue to do so.”

Here is a copy of the suit, filed last week in US District Court in Phoenix. Cheatham v Phoenix

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 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, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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