Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone

The City of Pittsburgh and Pittsburgh Firefighters IAFF Local 1 have reached a compromise on ending a residency requirement for firefighters. The residency requirement was incorporated into the city charter in 2013 for firefighters and police officers.

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A California firefighter who was demoted from probationary captain to firefighter engineer, has filed suit alleging race discrimination, retaliation, constructive termination, emotional distress, and FMLA violations. JuDon Cherry, who identifies himself in the complaint as an “African American male”, filed suit against the Contra Costa County Fire Protection District.

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In this week’s Fire law Roundup for May 9, 2022, Brad and Curt discuss a larceny case involving a volunteer fire company in Pennsylvania, a drowning case in Maine, discipline of a Jamaica firefighter protesting a schedule change, a ruling upholding Idaho’s firefighter cancer presumption law, and a California lawsuit alleging age discrimination, retaliation and whistleblower violations.

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A California firefighter who was seeking a lateral transfer to the Newcastle Fire Protection District, has filed suit claiming age discrimination and whistleblower retaliation. Brian Thompson contends that as a result of his whistleblower activities while a member of the French Camp McKinley Fire Department, his application was handled differently and ultimately rejected.

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A Pennsylvania couple who served in leadership positions within their volunteer fire department has been accused of stealing from the department. They are accused of stealing more than $2,700 from the Elk Lake Volunteer Fire Department.

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A federal court judge has refused to dismiss a wrongful death - civil rights lawsuit against the City of Portland and a firefighter, brought by the family of a man who drowned in 2020. Eric Cohen died on April 12, 2020 after he fled from police and jumped into the frigid bay waters.

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A Jamaica firefighter who held a one-man protest over a change in shifts has been suspended. Sergeant Leo Bennett held the protest yesterday, claiming that most of the firefighters in Jamaica prefer to continue working the 24-hour shifts they have been working since COVID began.

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The Supreme Court of Idaho has upheld the constitutionality of the state’s cancer presumption law for firefighters, in a challenge brought by a city contesting a firefighter’s right to workers’ comp benefits for leukemia. Captain Richard Nelson served as a firefighter in Pocatello

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In this episode of Fire Law Roundup, Brad and Curt discuss a ruling in Connecticut on the ability of firefighters to file suit on a grievance without union support; the suspension of a So. Dakota firefighter who when to Ukraine to assist in rescue efforts; a Memphis battalion chief who was ordered reinstated with backpay; an OIG report on HR issues in the Chicago Fire Department; and the settlement of a discrimination suit in New Jersey.

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A lawsuit filed by five members of the New Haven Fire Department claiming the city failed to comply with an MOU on promotions, has been dismissed. Harry Bosley, Ernest Jones, Josue Vega, Jr., Christian Cordero, and Ian Cordero claimed the city was not complying with promotional timelines specified in a 2017 memorandum of understanding between IAFF Local 825 and the city.

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A volunteer firefighter from South Dakota was suspended by his department while he was providing humanitarian assistance in Ukraine. Greg Zimmerman learned he was suspended by the Wentworth Fire Department while overseas.

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A Memphis battalion chief who was terminated in 2011, has been ordered reinstated to the department with full back pay and benefits. The Tennessee Court of Appeals has ordered the reinstatement of Battalion Chief Beverly Prye, in a case that is not your typical wrongful termination suit.

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The City of Chicago’s OIG has completed a follow-up report on its 2021 audit of the Chicago Fire Department’s discrimination and sexual harassment policies. The OIG concluded that while the policies themselves met the requirements of the law, they were insufficient to fully protect members who are vulnerable to discrimination and/or sexual harassment.

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A New Jersey firefighter who claimed he was subjected to “severe and pervasive” race discrimination culminating in his being passed-over for promotion, has agreed to settle his claims for $275k. Chris Williams sued the City of Vineland and Fire Chief Luigi Tramontana in 2019.

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