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Ohio Firefighter Files Discrimination Claim Over Nazi Salute

An Ohio firefighter who claims he was disciplined in retaliation for complaining about members giving a Nazi salute to the fire chief, has filed a formal complaint with the US Equal Employment Opportunity Commission (EEOC).

Firefighter Paul Way, a 28 year veteran of the Shawnee Township Fire Department, was terminated last December for abusing his sick leave. He was observed to have been drinking beer in a sports bar while off sick on September 12, 2012 and again on September 14, 2012.

The sick leave was taken just days after Way had been demoted from platoon chief to firefighter for what has been characterized by the department as his spreading negative information within the department via emails. He received a written warning about the emails in July of 2012.

Way’s attorney, Fazeel Khan, claims his client was wrongfully terminated over relatively minor disciplinary offenses in retaliation for his complaints about blatantly offensive and discriminatory conduct with the department. He claims that Fire Chief Todd Truesdale is routinely given a “Heil Hitler” salute by members of the department, and was once given a cake adorned with a Swastika. That cake included small figurines that were “marching into an oven”.

Way and his attorney have provided the EEOC with a number of photos of members giving Chief Truesdale the salute (exhibit A, exhibit B), as well as photos of the Swastika cake as proof of what he alleges is occurring. They claim the department discriminates against religious minorities, homosexuals and women.

According to attorney Khan “We believe Mr. Way was targeted, harassed and treated unjustly simply for his opposition to discriminatory practices and a general culture of bigotry rampant at the Fire Department.”

However, platoon Chief John Norris provided an entirely different version of events to reporters from Channel 4 in Columbus earlier this month. Chief Norris claims that  Way was the one who started Nazi salute for Chief Truesdle. Quoting from a transcript of the Channel 4 interview:

Norris: "Mr. Way started this over 10 years ago as a joke against his shift officer, who is now the chief of the department."

Norris also claims that it was Paul Way who instigated the "Heil Hitler" salutes

As for this cake, which is now part of the EEOC complaint, Norris says it is 10 years old. He admits it was made for Todd Truesdale, before he was chief, and claims Paul Way was instrumental in acquiring it.

Norris: "Everybody knew he was not happy at all with that. And chief has told me that right after that, he talked to Mr. Way in regards to that being inappropriate and that was to never happen again."

Way denies Chief Norris’s claims. The EEOC filing is a necessary predicate to filing a discrimination claim in court.

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Posted in Disciplinary Action, Discrimination, Wrongful termination, You Can't Make This Stuff Up

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6 comments Posted by on May 20, 2013

EEOC Settles Another NY LOSAP Age Discrimination Suit

The US Equal Employment Opportunity Commission (EEOC) has announced the settlement of yet another age-discrimination lawsuit against volunteer fire departments in New York involving their length of service award programs (LOSAP).

The suit was brought by the U.S. Equal Employment Opportunity Commission (EEOC), against The Village of North Syracuse, the Town of Cicero and the Town of Clay, as well as the North Syracuse Fire Department, the Cicero Fire Department, the Clay Volunteer Fire Department, the Moyers Corner Fire Department, and the Cicero Fire District.

The defendants have agreed to pay an undisclosed amount to their firefighters who lost pension benefits, including several who will receive increased future monthly pension amounts.

The suit is similar to at least ten others (by my count) filed by the EEOC since 2006 alleging that the LOSAP programs violate the federal Age Discrimination in Employment Act (ADEA) because they prohibit active members over a certain age from continuing to accrue LOSAP pension benefits.

Here is the full text of the EEOC press release:

 

FOR IMMEDIATE RELEASE                                          CONTACT:

April 2, 2013                                                                          

Michael J. O'Brien, Senior Trial Attorney  212-336-3694

Bryan D. White, Program Analyst    347-213-8821 

TTY: (212) 336-3622

 

VILLAGE OF NORTH SYRACUSE AND TOWNS OF CICERO AND CLAY SETTLE EEOC AGE DISCRIMINATION SUIT

Older Volunteer Firefighters Denied Service Credit Due to Ageism, Federal Agency Charged

            NEW YORK – The Village of North Syracuse, the Town of Cicero and the Town of Clay have agreed to settle a class age discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.  Those localities, as well as the North Syracuse Fire Department, the Cicero Fire Department, the Clay Volunteer Fire Depart­ment, the Moyers Corner Fire Department, and the Cicero Fire District, will pay a group of firefighters lost pension benefits as well as provide several firefighters increased future monthly pension amounts.

            The EEOC's suit had charged that from the early 1990s through the late 2000s, the eight defendants had refused to let volunteer firefighters accrue credit toward a "length of service award program" (LOSAP), the equivalent of a retirement pension, because of their age, either 60 or 62 depending on the fire department.  As a result, senior firefighters lost pension amounts, in violation of the Age Discrimination in Employment Act (ADEA), a federal law that protects workers age 40 and older from age discrimination.  Although North Syracuse, Cicero, and Clay had amended the LOSAPs to allow firefighters to earn credit without regard to age, the amend­ment did not provide for lost benefits.  The EEOC filed suit, No. 12-cv-1265, after first attempt­ing to reach a pre-litigation settlement.

            Under the terms of the agreement, North Syracuse, Clay, Cicero, and the Fire District have agreed to provide the EEOC with contact information for affected firefighters, and the EEOC will contact the firefighters to ascertain lost pension amounts.  U.S. Magistrate Judge Therese Wiley Dancks in Syracuse will oversee the process.

            "The brave men and women who volunteered to fight fires deserve to be treated equally, without regard to age," said EEOC Trial Attorney Michael J. O'Brien.  "We welcome the decision to settle this case in a way that ensures that these firefighters, who do heroic work, do not receive different retirement benefits simply because of their age."

Elizabeth Grossman, the EEOC's regional attorney in New York, added, "This case should remind all employers, including municipalities, that federal law prohibits targeting older workers for discriminatory treatment, including in relation to pensions or retirement benefits."

            The EEOC enforces federal laws banning workplace discrimination.  Further information about the agency is available at www.eeoc.gov

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Posted in Civil Suit, Discrimination, Municipal Liability, Politics, Volunteers

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1 comment Posted by on April 2, 2013

Georgia Firefighter Settles Sexual Harassment Case for $350k

There has been a settlement in the case of a Peachtree City, Georgia firefighter who alleged that her fire chief had pressured her to have sex with him.

As we reported last December, Peachtree Fire Chief Edwin Eiswerth was accused of repeatedly propositioning Martine Piers. Within hours of the allegations becoming public, Chief Eiswerth announced his retirement effective January 1, 2013.

The settlement calls for Piers to receive $350,000, with $300,000 being paid by Georgia Interlocal Risk Management Agency (GIRMA), the city’s insurer, and $50,000 paid by the city.

In exchange, Piers has agreed to dismiss her complaint with the EEOC, and relinquish her right to file future lawsuits over the matter.

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Posted in Civil Suit, Constitutional Rights, Disciplinary Action, Discrimination, Municipal Liability, Sexual Harassment, Sexual misconduct, You Can't Make This Stuff Up

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No comments Posted by on March 6, 2013

EEOC Sues Four NY Volunteer Fire Departments for Age Discrimination

The U.S. Equal Employment Opportunity Commission has filed an age discrimination suit against four New York volunteer fire departments, two towns, and a village alleging that a length of service award program  discriminated against older firefighters. The suit was filed yesterday in the US District Court for the Northern District of New York.

The suit names the North Syracuse Fire Department, Cicero Fire Department, Clay Volunteer Fire Department, and Moyers Corners Fire Department, along with the towns of Cicero and Clay, and the village of North Syracuse. The basis for the suit, not unlike the numerous similar actions filed by the EEOC against fire departments in New York, is that the length of service award program (LOSAP) discriminates against older firefighters.

Sara Moses, of the Post-Standard does a great of explaining the basis for the suit:

Under state law, the length of service award program allows volunteer firefighters to earn a pension by taking part in an awards system that gives points for training, responding regularly to emergency calls and other duties.

 A firefighter must earn 50 points a year to make that year a qualifying year. When a firefighter reaches the designated retirement age, between 55 and 65 years old depending on the department, the number of qualifying years are used in a formula to determine a person’s pension. The state law was passed in 1989 and local departments and municipal boards accepted the program in the early 1990s….

Under the original 1989 legislation, volunteers who reached the designated retirement age would no longer be able to accrue points and therefore would not be able to increase the amount of their pension, despite still volunteering. In 2003, the state amended the law to allow volunteers older than the retirement age to accrue points, but the amendment did not require fire departments to change policies that were already in place.

This is the eleventh suit of this nature against a volunteer fire department in New York that I have in my database.

Here is a copy of the complaint. EEOC v Village of North Syracuse

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Posted in Civil Suit, Discrimination, Municipal Liability, Pensions, Volunteers

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No comments Posted by on September 26, 2012

US Sues Texas City Over Demotion Related to “Wetback” Complaint

The US Government has filed suit against the city of Selma, Texas alleging that the city unlawfully demoted a fire lieutenant after he complained about the fire chief’s use of an ethnic slur.

Fire lieutenant Adam Sadler objected to Fire Chief Ric Braun’s use of the slur “wetbacks” in describing yard work he wanted the firefighters to perform.  Lt. Sadler filed a written complaint with Selma’s HR Officer Rebecca Del Torro on June 17, 2009.

On July 8, 2009, Del Torro completed her investigation, concluded the Chief made the derogatory  comments, and required him to attend sensitivity training. Four days later Chief Braun sought to have Lt. Salder demoted.

Several weeks later, Chief Braun received approval for the demotion from City Administrator Ken Roberts, and directed Lt. Sadler to be demoted. According to the lawsuit the demotion was based on Lt. Sadler’s failure to report damage to a “level” that one of his members borrowed on (coincidentally) July 8, 2009. The suit alleged that Roberts never conducted an independent investigation into the stated reasons for Lt. Sadler’s demotion.

The US Department of Justice, following an investigation by the US EEOC, filed suit on Thursday, March 30, 2012 alleging Lt. Sadler’s demotion was in retaliation for his June 17, 2009 complaint. It seeks a court order that prohibits further discrimination, mandates sensitivity training for managers, and the requires the reinstatement of Lt. Sadler to his rank with backpay and seniority.

Here is the on the suit.  DOJ press release .

Here is the complaint.  US v Selma Texas

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Posted in Civil Suit, Constitutional Rights, Disciplinary Action, Discrimination, Municipal Liability

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No comments Posted by on April 1, 2012

Four NY Volunteer FDs Settle LOSAP Discrimination Suit

Four more New York volunteer fire departments have settled age discrimination claims with the EEOC over their LOSAP programs. That makes at least 10 separate age discrimination lawsuits filed by the EEOC against New York volunteer fire departments since 2006.

The four departments are the East Amherst Fire Protection District and Fire Department, the Clarence Center Fire Protection District and Volunteer Fire Company; Harris Hill Fire Protection District and Volunteer Fire Company; and Swormville Fire Protection District and Volunteer Fire Company.

The four departments, their respective fire districts, and the town of Clarence agreed to pay $441,000 to eligible retired members, or their beneficiaries. According to Town Supervisor Scott A. Bylewski, the town began the LOSAP in compliance with a state law “unaware that several years later the EEOC would assert that this requirement of the state law was in violation of the Age Discrimination and Employment Act.”

Bylewski said it was “unfortunate that the EEOC has elected to pursue a litigation strategy that targets local towns and villages who were simply trying to comply with a state law.” However, according to the EEOC’s press release: “The EEOC filed suit in U.S. District Court for the Western District of New York, Civ. No. 1:11-CV-00286, on March 30 after first attempting to reach a pre-litigation settlement, following an investigation by the EEOC’s Buffalo Local Office.”

The press release further explains:

The EEOC’s lawsuit charged that the town and the fire departments refused to let volunteer firefighters over age 62 accrue service credit under their “Length of Service Award Programs” or “LOSAPs,” the equivalent of a retirement pension, because of their age. The suit further charged that the East Amherst Fire Protection District and Volunteer Fire Company prohibited volunteer firefighters over the age 55 from accruing credit. As a result, the senior firefighters kept working but did not receive credit for their service once they reached the maximum age. The EEOC said this age restriction constituted a violation of the Age Discrimination in Employment Act (ADEA), a federal law that protects workers age 40 and older from age discrimination.

To view the press release.

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Posted in Civil Suit, Discrimination, Municipal Liability, Volunteers

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No comments Posted by on October 4, 2011