Huntsville Fire Faces Sexual Harassment Quandry

Today’s Burning Question: I am a fire chief and two of my firefighters, a male and a female, were in a relationship that appears to have ended badly. They continued to work together until recently when they filed sexual harassment charges against each other. The EEO investigators were not able to verify either side’s allegations. What is evident is that they cannot continue to work together so I transferred them both. Now the woman is claiming I retaliated against her for filing her sexual harassment complaint. What should I have done?

Answer: Chief, you were (and are) in a no win situation where no matter what you do, one or both of them will be upset… maybe even upset enough to sue.

In the real life version of the story, Hunstville, Alabama firefighter Donna Grimwood is now asking the city council to intervene on her behalf following her transfer from the city’s hazmat team. Grimwood complained that her ex-boyfriend propositioned her for sex, belittled her in front of other personnel, and grabbed her breasts, while the ex-boyfriend made counter allegations of sexual harassment.

Following an investigation that was inconclusive, Fire Chief Mike Sublett opted to transfer both members out of the hazmat team. The move cost each of the firefighters a 5% special assignment pay.

Last night, the Huntsville City Council debated the matter, prompting one councilman, David Showers to state  “A person – man or woman – ought not be penalized for coming forward.” Great… thanks for that bit of enlightenment, Councilman. So following your logic the fire chief should do nothing and leave  them to work together?

I am sorry for the sarcasm – but an oversimplistic approach to these complicated cases is not limited to politicians, and is part of the problem. All too often attorneys who represent parties in cases like this have a similarly narrow focus that tends to make it impossible to reach a solution that is mutually acceptable to all parties. Lawyers call it zealous representation – but it can create an obstacle for fire service leaders seeking to do the right thing.

Chief Sublett – I feel your pain. Assuming your investigators did a reasonable job of investigating the allegations, I don’t know what else you could have done.

More on the story.

Note: Chief Sublett did not ask this question – the info came from the news stories on the case.

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.
x

Check Also

New Hampshire Firefighter Claims He Was Sexually Harassed

A New Hampshire firefighter who resigned last December after enduring what he claims was years of sexually harassing comments and retaliation is now suing his former employer. Christopher R. Golomb filed suit against the City of Concord last month in Merrimack County Superior Court.

Sacramento Settles Restraint Death Suit for $4.45 Million

The City of Sacramento has agreed to settle a wrongful death suit with the family of a man who died while being restrained during an EMS response, for $4.45 million. Reginald “Reggie” Payne, 48, suffered a cardic arrest while being restrained by police, who responded at the request of firefighters.