Promotions

Norfolk Race Discrimination Case Fails But Suit May Proceed on Retaliation Claims

A race discrimination and retaliation lawsuit filed by captain with the Norfolk Fire Department will proceed on the retaliation claims, but the original discrimination allegation has been dismissed. Captain Rodney Mills filed suit alleging the city denied his request to sit for the battalion chief’s exam because of his race.

Oregon Firefighters Allege Discrimination and Retaliation

Three firefighters with the City of Hillsboro, Oregon, have filed suit claiming they have been the victims of discrimination, hostile work environment, and retaliation. Anne Raven, Miguel Bautista and Paul Harvey filed a 56-page, 227-paragraph complaint in Washington County Circuit Court last month.

California Captain Claims Age Discrimination & Retaliation

A California fire captain who was passed over for promotion to battalion chief has filed suit claiming age discrimination and retaliation for having complained about a perceived violation of the law. Captain Scott Martinez filed suit last week against the City of El Segundo and Fire Chief Chris Donovan.

Court Rules FDNY First Amendment Suit Can Proceed

A US District Court judge has refused to dismiss a lawsuit brought by an FDNY deputy assistant chief who was denied a promotion for refusing to renounce letters to the editor he wrote decades ago relative to merit based testing. Even more interestingly, Judge Brian M. Cogan suggested that the proper First Amendment analysis for the case is not the traditional Pickering Balancing Test, but rather one that looks at the ability of government to compel the speech of public employees.

Suit by FDNY Ops Chief Alleges Promotion Denial Violates First Amendment

An FDNY deputy assistant chief who claims he was passed over for promotion to assistant chief for refusing to renounce letters to the editor he wrote decades ago relative to merit based testing, has filed suit alleging the city violated his First Amendment rights. DAC Michael F. Gala, Jr. filed suit late last year naming the city and Fire Commissioner Daniel A. Nigro as defendants.

Washington Firefighter Sues Claiming Military Discrimination

A Washington state firefighter who was repeatedly denied accommodations for his military service has filed suit in federal court claiming a violation of Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Brett Martinson filed suit yesterday against Central Pierce Fire & Rescue.

Texas Captain Sues Claiming National Origin Discrimination

A captain with the City of Shavano Park has filed suit accusing local officials of national origin discrimination for not choosing him as fire chief. Captain Ivan Hernandez filed suit in US District Court for the Western District of Texas claiming a violation of Title VII of the Civil Rights Act of 1964.

Missouri Captain Claims Military Discrimination Blocked Promotion

A Missouri fire captain has filed suit claiming he was passed over for promotion to assistant chief because of an impending military deployment. Captain Zach Sierks filed suit today in US District Court naming the Prairie Township Fire Protection District and its three board members.

Mississippi Lieutenant Files Two Suits against City

A Mississippi fire lieutenant who claims he was passed over for promotion on several occasions, has filed two lawsuits in federal court against his department. Lt. Lonnie Johnson filed suit against the City of Laurel alleging a USERRA violation and a violation of the FLSA.

NY Captain Denied Promotion Due to Medical Emergency Sues Claiming Race and Disability Discrimination

An African American fire captain with the Albany Fire Department whose promotion to battalion chief was rescinded after he suffered an off-duty medical emergency, has filed suit alleging race discrimination and disability discrimination.

Mass Firefighter Sues for $2.75 Million Claiming Gender Discrimination

A Massachusetts firefighter is seeking $2.75 million in damages for sexual discrimination that led to her being passed over for promotion. Tracy Blanchette filed suit last week naming the City of Methuen and Fire Chief John T. Sheehy as defendants.

Connecticut Suit Over Merit Promotional Testing to Proceed

A lawsuit brought by four Stamford, Connecticut firefighters challenging changes to the city’s promotional process, will proceed over the objection of the city. Lieutenants Kevin Dingle and Bruce Wagoner, along with firefighters Robert Pickering and Brian Whitbread filed suit last year naming the city of Stamford and several city administrators as defendants.

Trenton Settles Suit with Fire Captain for $1.8 Million

A Trenton fire captain who claims he was wrongfully forced off the job by a battalion chief who operated a promotional prep business, has settled his harassment and retaliation lawsuit for $1.8 million. Captain Michael Strycharz alleges that he was improperly pressured to retire and subjected to a series of disciplinary investigations.

Cleveland Lieutenants Allege Disparate Impact Bias on Captain’s Exam

Twenty-four fire lieutenants with the Cleveland Fire Department are suing the city alleging that the results of a recent captain’s exam produced such a statistical imbalance that it violates federal anti-discrimination guidelines. While such an claim, referred to as disparate impact discrimination, is hardly precedent setting, what is unusual is that white firefighters are making it.

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