Sexual Harassment Suit Against VFD Settled for $425k

A $425,000 settlement has been reached in a sexual harassment lawsuit brought by a former firefighter in Harrison, New York. The lawsuit was filed last year by the US Department of Justice on behalf of Angela Bommarito, naming Town of Harrison, its police chief, Harrison Volunteer Fire Department No. 1, and Fire District Number Two of Harrison.

The suit claimed the defendants discriminated against Bommarito after she reported that a male firefighter harassed and stalked her. Her complaint resulted in her termination, while the department failed to discipline male firefighter. He persisted in stalking and harassing Bommarito after she was fired. He was later charged criminally and pled guilty to charges of harassing her.

The settlement was announced in a press release issued by US Attorney Damian Williams and Assistant US Attorney Kristen Clarke. Quoting from the press release, the following factual admissions were made by the town and the Harrison Fire Department:

• In May 2015, the HARRISON FIRE DEPARTMENT had no active female firefighters. 
• In June 2015, Angela Bommarito joined the HARRISON FIRE DEPARTMENT, together with one other female volunteer firefighter.
• HARRISON and the HARRISON FIRE DEPARTMENT ultimately became aware that after Bommarito ended a relationship with Henry Mohr, a senior firefighter, Mohr repeatedly called her, followed her (including while driving a Fire Department official vehicle), and repeatedly drove by her house. 
• In addition, Bommarito complained to certain members of the HARRISON FIRE DEPARTMENT leadership about Mohr’s harassment.
• In January 2016, Bommarito went to the HARRISON Police Department and filed a report against Mohr. 
• HARRISON’S then-Police Chief met with Mohr and told him that he wanted “to make sure this whole thing dies” and get Mohr “out of this whole situation.” 
• The Police Chief said to Mohr that Bommarito’s presence at the firehouse was a “temptation,” which was “hard to resist sometimes.”
• The then-Police Chief also met with Bommarito. 
• During their meeting, the Police Chief suggested that he could arrest Bommarito for her presentation of what the Police Chief claimed was incomplete and false information to the Police Department regarding her relationship with Mohr. 
• The Police Chief prepared a resignation letter for Bommarito, which stated that she would resign from the Fire Department.  Bommarito signed the resignation letter.
• HARRISON and the HARRISON FIRE DEPARTMENT never took any disciplinary action against Mohr. 
• In May 2016, Mohr was arrested for his harassment of Bommarito. 
• Later that year, Mohr pled guilty to harassment in the second degree, in violation of New York Penal Law 240.26.03.

As part of the settlement the parties entered into a consent decree that in addition to the payment of $425,000, requires the following:

• HARRISON and the HARRISON FIRE DEPARTMENT must maintain an anti-discrimination policy that includes prohibitions on discrimination, sexual harassment, and retaliation, as well as provisions that require objective fact-finding investigations into complaints of policy violations. 
• HARRISON and its FIRE DEPARTMENT must also provide training to relevant personnel on prohibited employment practices and corresponding investigation procedures. 
• The Consent Decree further requires HARRISON and the HARRISON FIRE DEPARTMENT to provide information to the United States regarding complaints and investigations relating to charges of discrimination while the Consent Decree remains in effect. 
• The Consent Decree also requires that HARRISON maintain recent improvements to the HARRISON FIRE DEPARTMENT firehouse, which have provided additional facilities and features for female firefighters. 
• Finally, the Consent Decree requires the HARRISON FIRE DEPARTMENT and HARRISON Police Department to maintain policies relating to use of HARRISON FIRE DEPARTMENT vehicles and limitations on the disclosure of non-public sensitive information obtained by HARRISON Police Department employees in connection with criminal investigations.

Here is a link to the US Attorney’s press release.

Here is a copy of the consent decree.