Jury Awards San Jose BC $800k For Retaliation

Posted by: Curt Varone June 18, 2017 1 Comment

A jury has awarded a San Jose battalion chief $800,000 for retaliation, while ruling in favor of the city on identical claims by a former fire captain.

Battalion Chief Patricia Tapia and retired Captain Debra Ward sued the city and several ranking officers in 2014 claiming they has been unlawfully retaliated against after settling a previous discrimination lawsuit in 2012. Chief Tapia and Captain Ward claim they were passed over repeatedly for promotions following the settlements because they had previously “opposed unlawful employment practices.” Here is more on the original filing including the compliant.

The jury handed down the verdicts last Friday.

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.
© Copyright 2017, All Rights Reserved. | FireLawBlog.com & Curt Varone | Privacy Policy | Terms of Use
x

Check Also

California Firefighters Not Liable in RAMA case

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.

Indiana Firefighter Alleges FMLA and ADA Violation Over PTSD Claim

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.