Discrimination

A Los Angeles County jury has awarded a former fire chief $4.1 million in damages for wrongful termination and an assortment of employment related counts. Former West Covina fire chief Larry Whithorn claimed he was terminated after a lengthy campaign by a handful of local officials.

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A lieutenant with the Baltimore City Fire Department has filed a race discrimination suit claiming he was subjected to unfounded disciplinary investigations and retaliation. Mitchell Waters filed suit today in US District Court for the District of Maryland.

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The Sixth Circuit Court of Appeals has upheld a district court decision holding that the Memphis Fire Department did not discriminate against an African American female who sought a position as an "Airmask Maintenance Mechanic." Bridgette Franklin filed suit in 2019 claiming she was denied the position, and it was given to a less qualified Caucasian male firefighter.

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New York’s Fox5 interviewed three FDNY chiefs about the two lawsuits they filed against the city and Commissioner Laura Kavanagh earlier this year. The suits allege retaliation, age discrimination and violations of due process.

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A firefighter with the CalFire has filed suit claiming he was subjected to harassment and retaliation by a supervisor, culminating is his being demoted from captain to firefighter II. Ken Meyers filed suit in Santa Clara County Superior Court naming CalFire and Battalion Chief Tim Main as defendants.

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Two Montclair, New Jersey fire officers have filed suit claiming their promotional system disadvantages Black firefighters. Captain Steven Marshalleck and Lieutenant Makkari Sampson filed suit in Essex County Superior Court naming Montclair Township; the Township manager, fire chief, and former HR director; Promotional Prep LLC; and an outside consultant.

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A Missouri fire chief who was fired in January has filed suit against a fire district and the district’s chairman alleging race discrimination and retaliation. Chief Ankeneth Corbin filed suit against the Black Jack Fire Protection District and Chairman David Calhoun.

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An Arizona firefighter who was terminated last November, has filed suit claiming the city’s stated reason for firing him was a pretext to retaliate against him for his union activities. Shannon Glynn filed suit against the City of El Mirage and its fire chief alleging violations of the Arizona Employment Protection Act, the Arizona Public Safety Employees Act, the FLSA, and his Constitutional rights.

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The Fifth Circuit Court of Appeals has ruled that a fire department’s use of the Navy’s Physical Fitness Standard did not discriminate against a Texas fire captain. Rachael Crivelli filed suit against Montgomery County Emergency Services District No. 7 after she was fired for “repeatedly failing the new physical fitness assessment.”

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Two female staff members of an Oregon fire district who were laid-off in February, 2023, have filed suit claiming the layoff was thinly-disguised retaliation for complaints they had made about sexual harassment and financial mismanagement. Jennifer Motherway and Anika Todd filed suit last week naming Columbia River Fire & Rescue.

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The US District Court for the Northern District of New York has rejected the discrimination claims of an Albany fire captain who was denied a promotion to battalion chief due to an off-duty incident. Captain Jeremy Clawson claims the City of Albany rescinded a civil service promotion he earned in 2019, because of a disability and his race.

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A report by His Majesty's Inspectorate of Constabulary and Fire & Rescue Services has concluded that bullying, harassment, and discrimination are widespread in the 44 fire service organizations in England. Titled Values and Culture in Fire and Rescue Services, the 59 page report reaches a blunt conclusion: “It is time for this behaviour to stop.”

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In this episode of Fire Law Roundup for April 3, 2023, Brad and Curt discuss the settlement of a lawsuit brought by the brother of a man whose body was used for intubation practice by a Washington state fire department; ...

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In this edition of Fire Law VLOG, Curt interviews Fremont, California Division Chief Diane Hendry and Attorney Deborah Kochan regarding a $2.6 Million settlement of a retaliation lawsuit. Chief Hendry came to the defense of a female recruit, which led to the retirement and/or discipline of several male officers. That is turn led to retaliation against her.

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