YCMTSU Los Angeles

A Los Angeles firefighter has filed suit against the city and a captain alleging he was sexually harassed and then retaliated against after he complained. Omar Rodriguez filed suit against the city and Captain George Yllescas alleging five state law claims, Violation of California Labor Code 81102.5; Hostile Work Environment Based on Sex (Gov. Code § 12940); Failure to Prevent Harassment [Gov. Code 812940(k)]; FEHA Retaliation [CGC § 12940 (h)]; and Violation of Civil Code § 1708.88

The suit was filed in Los Angeles County Superior Court. Rodriguez claims that Captain Yllescas engaged in two inappropriate communications with him on February 21, 2024, including the sending of a lewd photo. He also recalled an earlier incident from 2021 when there was another incident of inappropriate sexual behavior. After Rodriguez reported the behavior to a battalion chief, he claims he suffered retaliation. Quoting from the complaint:

• Over the next several months, Plaintiffs work environment became contentious, toxic and abusive. His co-workers were unwelcoming, sarcastic, and emotionally abusive via the silent treatment.
• The environment became negative, and Plaintiff was ostracized and isolated so that he began to feel unsafe and uncomfortable, causing him stress and anxiety leading to depression.
• Some captains were no longer speaking with him as they did before the incident, and the same was occurring with his firefighter co-workers, who not only refused to look Plaintiff s way but refused to talk to him altogether.
• Plaintiff is informed and believes and thereon alleges that Captain Yllescas discussed the matter with other firefighters despite the order not to discuss the incident.
• It was rumored that Captain Yllescas was playing around and Plaintiffwas simply too sensitive.
• Co-workers expressed to Plaintiff that he should not have reported the incident, and they felt betrayed that he did report it.
• On or about March 28, 2024, Plaintiff was at work and went to his locker to start the day and discovered an object hanging on his locker. It was a wire hanger formed in the shape of a penis.
• Plaintiff reported the incident. Plaintiff believes that the wire penis was placed on the locker … in retaliation for reporting Captain Yllescas’s lewd and degenerate behavior.
• A further incident of retaliation occurred when another captain reprimanded Plaintiff for being late and failing to cover a replacement; however, the same day two other firemen left their shift creating a shortage of manpower, but there was no reprimand for those employees.
• This was one of the captains who negatively changed his attitude toward him due to his reporting the incident with Captain Yllescas.

Here is a copy of the complaint: