City Settles Ohio Firefighter’s Gender Discrimination Claims for $18k

A former Ohio firefighter has settled his gender discrimination lawsuit for $18,000. Ethan Boes filed suit earlier this year claiming he was forced to resign from the Findlay Fire Department in 2022. The suit was filed in Hancock County Common Pleas Court alleging discrimination and retaliation under state law.

The Courier reported on the settlement today, and explains some of the allegations that Boes made. Rather than summarize the media coverage, let’s look at Boes’ original allegations contained in his complaint:

  • Boes was hired by Findlay on or around October 1, 2018.
  • Boes is male.
  • Boes is and was in [a] protected class because of his gender.
  • Throughout his time at Findlay, Boes was subjected to unwelcomed sexual comments.
  • Boes’ coworkers and managers perceived him to be homosexual because he did not want to watch shows that depicted pornographic imagery.
  • Boes was pushed into stereotypical feminine roles such as grocery shopping and doing laundry.
  • Boes was mistreated by employees due to stereotypes and discrimination regarding whether Boes adhered to proscribed gender roles.
  • Boes was denied the opportunity to join the special team in 2020.
  • Boes was denied the opportunity to train throughout 2020.
  • Boes was denied the opportunity to join the TRT team in 2021.
  • During the fall of 2021, Boes complained to Joel Rampe, Captain, about the unequal treatment.
  • Upon information and belief, Boes’ complaints were not investigated.
  • Findlay claimed that Boes was not receiving training because Boes was not “confident in [his] own abilities.”
  • Thereafter, Boes was again denied the opportunity to join the TRT team.
  • In December 2021, Boes received a write-up for an alleged open door on the firetruck during a call.
  • Even though Boes was not the only employee assigned to the truck and capable of closing the door, Boes was the only employee disciplined.
  • In April 2022, Boes complained of a hostile work environment to Matt Traver, Battalion Chief.
  • Boes complained to Traver about the discriminatory treatment he received, including the treatment about his perceived sexuality.
  • Boes requested to transfer to a different station.
  • Boes was transferred to a new station on May 14, 2022, but the transfer did not end the discrimination or hostile treatment of Boes.
  • On June 12, 2022, a door was left open on a firetruck during a call.
  • Again, Boes was not the only employee assigned to the truck and capable of closing the door, yet Boes was the only employee disciplined.
  • Boes did not receive a write-up for the June 12, 2022 incident until July 15, 2022.
  • On July 21, 2022, additional action was taken against Boes for the June 12, 2022 incident.
  • Boes was informed that he had to either resign or be terminated for the alleged violation.
  • Findlay later included an allegation that Boes drove a firetruck through traffic lights without emergency lights on.
  • This allegation was used to encourage Boes to resign.
  • Faced with an unlawful termination on his record, Boes was forced to resign effective July 25, 2022.
  • Defendant made Boes’ working conditions so intolerable that a reasonable person in his shoes would have felt compelled to resign.

According to the Courier, the $18,000 was paid by the city’s insurer. Here is a copy of the original complaint.

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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