Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
An $8 million lawsuit filed in 2013 by a paramedic firefighter who claims co-workers harassed him over his effeminate demeanor has reportedly been settled.
Zackary C. Tyndall sued the Berlin Fire Company and four supervisors, Bryon Trimble, Derek Simpson, David A. Fitzgerald and Norris P Donohue in federal court alleging they engaged in a pattern and practice of harassment based upon their perception that he is homosexual. Tyndall, who is not gay, claims he was regularly called “queer”, “faggot”, and “cocksucker” by coworkers.
The fire department characterized the conduct as “teasing” and “horseplay”, suggesting that Tyndall even played along with it. Here is earlier coverage of the suit, including a copy of the complaint.
In July, US District Court Judge Ellen Hollander refused to dismiss the case finding that Tyndall’s allegations (if proven at trial) would constitute “gender stereotyping.”
The settlement was reached last week and involved a confidential amount. Delmarvanow .com quoted one of Tyndall’s attorneys, Amy Taylor, as saying “I can state that it was resolved to my client’s satisfaction.”
