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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.

More on the story.

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

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7 comments Posted by on May 20, 2013

Court Upholds $3 million Cut From New Jersey Firefighter’s Verdict

A New Jersey firefighter who was awarded $3.5 million by a jury last year for a whistleblower violation will have to settle for $500,000, according to a three judge panel from the Superior Court Appellate Division.

Ridgewood firefighter Kevin Reilly claims he was passed over for promotion to lieutenant because he reported that his superiors violated safety requirements. In 2012 a superior court jury agreed he was retaliated against, and awarded him $3.5 million in damages.

That verdict was subsequently reduced to $500,000 by Judge Menelaos Toskos who characterized the award as “shockingly high.”

Reilly appealed the reduction and yesterday the Appellate Division affirmed Judge Toskos’s decision calling it “comprehensive and thoughtful.”

More on the story.

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Posted in Civil Suit, Municipal Liability, Occupational Safety & Health, Promotions

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No comments Posted by on May 1, 2013

Illinois Sexual Harassment Suit Removed to Federal Court

 

An Illinois sexual harassment case originally filed in state court, is now headed to federal court along with some nasty allegations.

Lieutenant Terri Simone Lorenz of the Orland Fire Protection District claims that her sexual harassment problems began shortly after Fire Chief Bryant Krizik and Deputy Chief Joe Madden were placed on administrative leave in May, 2011. She alleges that the newly appointed acting fire chief, Raymond Kay, and Battalion Chief Nicholas Cinquepalmi embarked on a malicious campaign to drive her from the department.

Quoting from the complaint:

Defendants subjected Simone Lorenz to a long standing pattern of discrimination based on her sex (female), retaliation because she complained, and created and perpetuated a hostile work environment, including but not limited to the following:

a.Maintaining pornographic, sexually graphic, and other inappropriate material in the women’s bathroom and in other places in the fire house;

b.Making derogatory comments about women, including about Simone Lorenz, other women firefighters, and other women generally;

c.Singling Simone Lorenz out on drills;

d.Shunning and ostracizing Simone Lorenz and encouraging other firefighters to do the same, which for a firefighter can be a safety issue on fire calls, which are inherently dangerous;

e.Spreading malicious and sexually based rumors about Simone Lorenz;

f.Subjecting Simone Lorenz to unwarranted scrutiny, criticism, and false allegations;

g.Subjecting Simone Lorenz to a notice of interrogation based on false and malicious accusations and without cause, when other employees were not subject to interrogation for similar or more egregious allegations against them;

h.Subjecting Simone Lorenz to unwarranted disciplinary action, and discipline for which male employees were not subjected to for far more egregious allegations made against the male employees; and

i.Denying Simone Lorenz assignments and special projects that she had previously done.

The six-count, 46 page complaint includes some 199 paragraphs, alleging gender discrimination under state and federal law, hostile work environment, retaliation under the Illinois Human Rights Act, discrimination on the basis of union affiliation, and Constitutional violations (42 USC 1983) of the Equal Protection Clause and the First Amendment.

Included in the specifics of the claims:

  • Chief Kay initiated an unwarranted investigation into whether Simone Lorenz cheated on her promotional exam even though she was promoted in 2009, two years before he became the acting chief. The investigation did not result in charges and Simone Lorenz insists the allegations were fabricated.
  • Simone Lorenz received a one day suspension for “giving the finger” to another lieutenant while both were off duty at a union function. The charge was later reversed by an arbitrator who heard testimony that included:
  • [Chief Kay] admitted that he had never recommended or issued discipline for that kind of conduct – except for against Simone Lorenz.
  • Defendant [BC] Cinquepalmi gave “the finger” to Simone Lorenz’s entire crew during roll call, and was never disciplined
  • Defendant [BC] Cinquepalmi instructed [the other lieutenant] to document the incident, so that Defendants could then charge Simone Lorenz with misconduct and discipline, demote her, or fire her from the District
  • Management  admitted that  giving “the finger” to one another commonly occurs “on duty” in the firehouse
  • Simone Lorenz was suspended for 1 day for sending an email to “all users” (subsequently reversed by an arbitrator after it was revealed there was no rule that prohibited it and that others who did the same thing were not disciplined).
  • Repeated requests for help from human resources went largely ignored.

The case was originally filed in Cook County Circuit Court, and was removed to federal court at the request of the Fire Protection District.

Here is a copy of the complaint. Complaint

While there are a number of troubling aspects to the allegations in the compliant, there is one issue that stands out to me that is worth discussing from a leadership perspective: Lt. Simone Lorenz made repeated allegations that male subordinates were rude and disrespectful towards her, and that Chief Kay and Cinquepalmi did nothing to address the insubordination when told.

Who bears the responsibility for this, Lt. Simone Lorenz or the chiefs? Is it enough for a lieutenant in this situation to claim that “they” know about it?

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

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3 comments Posted by on April 22, 2013

Phoenix Deputy Chief Claims Harassment and Retaliation

A deputy chief from Phoenix, Arizona has filed a rather unusual sexual harassment suit against the department: he claims that he was harassed by members and retaliated against by the department because he reprimanded officers who allowed sexually inappropriate drawings and items to be displayed in a fire station.

The case began in November, 2009, when Deputy Chief Frank Cheatham observed “several inappropriate, sexually suggestive drawings and items—specifically, two depictions of a penis and testicles—openly displayed in the workplace at Fire Station 1.” At the time Chief Cheatham was the South Side Shift commander, in charge of roughly 440 firefighters. He “admonished the supervisors at Fire Station 1 that such drawings were inappropriate and would not be tolerated in the future.”

Thereafter, Chief Cheatham was informed he was no longer welcome at meals at the station, and that “the firefighters at Fire Station 1 would never trust Chief Cheatham’s assistant again and considered him to be a spy for Chief Cheatham.”

Chief Cheatham claims that he then subjected to harassment, including:

  • “a t-shirt bearing another drawing of a penis and testicles [being] draped over a piece of gym equipment” where he was working out;
  • “a large brown envelope in interoffice mail containing two small pieces of pasta, one of which resembled a penis and the other of which resembled a vagina. … The piece of pasta resembling a vagina had Chief Cheatham’s first name (“Frank”) written on it.”
  • “rumors … that he would be removed from his position as Deputy Chief Shift Commander of South Shift Command.”

In March, 2010 Chief Cheatham was involuntarily transferred to the safety division, an assignment that he referred to as having “less favorable working hours … than the hours that he enjoyed in his position as Deputy Fire Chief Shift Commander of South Shift Command… and far less prestige…”

The complaint characterizes the transfer as retaliation, and demotion. It claims ‘The City of Phoenix Fire Department is engaging in a pattern and practice of retaliating against its employees who complain of discrimination in the workplace…. [and that the] harassment and retaliation summarized above had a substantial negative impact on Chief Cheatham's employment and psychological wellbeing and continue to do so.”

Here is a copy of the suit, filed last week in US District Court in Phoenix. Cheatham v Phoenix

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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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4 comments Posted by on April 3, 2013

Florida Union VP Gets 2 Day Suspension For Facebook Posts

The case of Hialeah Firefighters IAFF Local 1102 vice president Eric Johnson is back in the news with word of his discipline on charges related to his social media activities.

Johnson got into hot water over some photos he posted on Facebook showing his minor children posing with alcoholic beverages. Those photos, a post that joked that Johnson communicates with Hialeah’s heavily Hispanic population by adding an “o” to the end of any word, and a few other off-color posts triggered an investigation by both the fire department and the police. The police in turn requested that the Florida Department of Children and Families initiate an investigation into the photos. The agency declined citing insufficient evidence to warrant an investigation.

The Miami Herald reports that Hialeah Mayor Carlos Hernandez sent Johnson a letter informing him of a two-day suspension for “conduct unbecoming,” “insubordination or disgraceful conduct” and “criticizing rules, orders and policies”. The Mayor has previously expressed concerns that Johnson’s posts show a lack of sensitivity toward Hispanics.

Among the post that Johnson is alleged to have made are:

  • A photo of a man riding a motor bike with a goat on his back, to which Johnson commented “only in Hialeah, LOL”.
  • “I have a system. Just add an ‘o’ to any English word and bam! It works. For example, how ya doin ‘o’ You wanna go to the hospital ‘o’ I just learned that you can’t do that when you say is this your home though. Ha Ha.”
  • “Ha Ha Ha… Jew forgot dat I hab da Medicare… Jew must talk me.”

Johnson alleges that the investigations and the discipline are pure retaliation for his criticism of the mayor, and violate his First Amendment Rights. He claims his strongest proof that he is not biased against the Hispanics in Hialeah is irrefutable: he is married to a Cuban.

More on the story.

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Posted in Constitutional Rights, Disciplinary Action, Discrimination, First Amendment, Politics, Social Media, You Can't Make This Stuff Up

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1 comment Posted by on October 20, 2012

Alabama Firefighter Sues For Wrongful Termination

Marlin Slade Chappelle, a firefighter in the Leeds Fire Department who was terminated in June 2010, has filed a Federal lawsuit against the city of Leeds and its Mayor Eric Patterson alleging retaliation and discrimination. The action was filed last Friday in US District Court for the Northern District of Alabama.

Chappelle, a 10 year veteran of the department, alleges that he was terminated in retaliation for reporting that the fire chief and a fire captain were using city time to conduct outside business, and for complaining about alleged discrimination of a female employee in the department. The employee, Ashley Graves, filed an EEOC charge against the City.

Chappelle claims that on May 10, 2010, he sent a letter to Mayor Patterson and the Leeds City Council stating that he was being discriminated against and retaliated against, but the retaliation thereafter increased. On May 24, 2010 he was suspended and on June 7, 2010 he was terminated.

The lawsuit also alleges that Chappelle was wrongfully under paid for his job because he was not paid 5% above his base pay for having paramedic certification.

Here is a copy of the complaint. Chappelle v Leeds

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Posted in Civil Suit, Disciplinary Action, Discrimination, Ethics, First Amendment, Municipal Liability, Politics, Wrongful termination

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2 comments Posted by on June 6, 2012

Honolulu Captain Claims Whistleblower Violation

A veteran fire captain on the Honolulu Fire Department has filed suit against Fire Chief Kenneth Silva and the department alleging he was retaliated against for raising concerns about a fatal fire. Captain George Kaopuiki filed suit  last week in state Circuit Court alleging that his suspension and transfer were in violation of his free speech rights under the Federal and state constitutions and violate the Hawaii Whistleblowers’ Protection Act.

Captain Kaopuiki raised the concerns following a fire that claimed the life of 77-year old Karen Chikamori on December 14, 2011. Captain Kaopuiki found Chikamori and brought her out of the building alive and breathing, only to wait an extended period of time for EMS to arrive.

The Honolulu Star Advertiser reported that the concerns raised included:

  1. Not hooking up to the fire hydrant to ensure an ample water supply.
  2. Not initiating rescue search as soon as they could have if the water supply had been sufficiently ensured early on.
  3. EMS was not contacted for 19 minutes after the removal of the fire victim who was alive and breathing when Kaopuiki carried her out of the burning residence.
  4. The reasons these and other similar incidents are occurring is HFD’s lack of training.

The concerns were raised at a meeting that followed the fire. Shortly thereafter, the department initiated an investigation into Captain Kaopuiki’s treatment of a subordinate. The suit alleges the investigation was retaliation and orchestrated by Chief Silva.

More on the story.

 

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Posted in Civil Suit, Constitutional Rights, Disciplinary Action, First Amendment

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7 comments Posted by on May 7, 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

Judge Rules County Not Liable for Discrimination But Union Is

A Federal court judge in Florida has overturned a jury verdict against Pasco County in a discrimination suit filed by two firefighters. The two firefighters, Anthony Booth and Jerry Brown, claimed their captain discriminated against them on the basis of their race and religion. Booth is a firefighter/EMT, who is Hispanic,  and Brown is a driver/engineer, whose wife’s family is Jewish.

They later sued the county and IAFF Local 4420 claiming they were retaliated against for filing the initial complaint.  On January 31, 2012, a Federal court jury agreed, awarding the pair $189,000.

This week, Judge James Moody concluded that the county was justified in sending the firefighters for a psychological evaluation prior to allowing them to return to duty, a point that the jury felt was discriminatory.

Judge Moody agreed with the jury as to the union’s liability for posting a notice in the stations that referred to Booth and Brown by name, and indicated the possibility that union dues would go up as a result of the ‘frivolous” lawsuit. The judge rejected the union’s argument that the notice was protected “free speech”. He referred to the notice as “an implicit call for reprisal, and thus a retaliatory act.”

The union has been ordered to pay each firefighter $83,000, and the case has been continued on the issue of legal fees.

More on the story.

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Posted in Civil Suit, Constitutional Rights, Discrimination, First Amendment, Labor Law

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1 comment Posted by on February 22, 2012

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.

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

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No comments Posted by on February 17, 2012

Firefighter Abuse Victim Receives Settlement from LAFD

A Los Angeles City firefighter has received a half-million dollar settlement following a sexual harassment complaint he filed with the U.S. Equal Employment Opportunity Commission (EEOC). Firefighter Anthony Almeida complained that he was continually harassed by fellow firefighters after they found out that he had filed a sexual abuse lawsuit against Catholic Church alleging that a priest had sexually assaulted him.

Almeida’s complaint alleged that the harassment began in 2006 after one of his coworkers learned about the lawsuit he had filed against the priest. Thereafter other firefighters began to mock and harass him by making deeply offensive comments of a sexual and religious in nature.

Almeida alleges that he approached LAFD management to complain about the harassment, but they took no remedial measures. Instead, he began to suffer retaliation from co-workers. 

The EEOC investigated the complaint and found that Almeida’s complaints were valid. A three-year conciliation agreement was reached, where the fire department will pay Almeida $494,150.00 and the department will also implement anti-harassment training to the entire department and update policies and procedures.

This agreement settled the case administratively, hence avoiding litigation.

More on the story.

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Posted in Civil Suit, Constitutional Rights, Discrimination, Municipal Liability, Sexual Harassment, Sexual misconduct

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1 comment Posted by on February 1, 2012

Ohio Firefighter Alleges Retaliation Over Refusing Prior Promotion

Today’s burning question: I’m a black firefighter and in September, 2010 I placed 5th on a promotional exam for lieutenant. Last December, the chief offered me a promotion to lieutenant, but when it was disclosed that I was selected out of turn because of my race, I turned it down. Now the chief has gone past me on the list, and I think it’s because I didn’t take the promotion last year. Do I have a case?

In a nutshell, that is the story of firefighter William Phelps of the Berea Fire Department in Berea, Ohio. Dave Statter covered this one quite well, so I won’t repeat it all here – suffice it to say: you can’t make this stuff up!!!!

Here’s is Dave’s take.

Here is a copy of FF Phelp’s complaint. phelpslawsuit

More on the story.

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Posted in Burning Question, Civil Suit, Discrimination, Promotions, You Can't Make This Stuff Up

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1 comment Posted by on November 7, 2011

How much does a lawsuit cost? Ask Volusia County

A headline from Florida this week read: $1M Spent To Battle Firefighter In Court. Fire lieutenant Kurt Vroman was terminated by the Volusia County Fire Department for lying…. about getting food during his workshift. Really? About getting food?

Vroman alleged the termination was retaliation for complaints he made about safety related matters, as well as a no-confidence vote he spearheaded against Fire Chief Jim Tauber in 2004. Vroman was union vice president at the time. In response to the termination he filed a law suit.

In 2008, a Federal court jury awarded Vroman $10,000 in damages and ordered him reinstated. Rather than pay, the county chose to appeal. In February, 2010, the 11th Circuit Court of Appeals ruled in Vroman’s favor, but the county refused to hire him back. The case was just settled last week with the county payout equaling:  $44,700 to Vroman, and $278,300 to Vroman’s attorneys. The county also spent $611,500 on its own legal fees for a grand total of $934,000.

This link has video coverage of the settlement.

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Posted in Civil Suit, Constitutional Rights, Disciplinary Action, Labor Law, Municipal Liability, Politics

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No comments Posted by on November 15, 2010

LA County Fire Department Sex Harassment Claims Close to Settlement

The Los Angeles Daily News reported on Monday, that the Los Angeles County Claims Board was meeting to consider settling two Los Angeles County Fire Department lawsuits arising out of sexual harassment that occurred in 2003. Reportedly, Mary Villegas, who was assigned to the department’s  hazardous materials facility in Sylmar, was harassed by two inspectors and a supervisor. Milton Molina, a fire inspector, observed what he referred to as repeated acts of sexual harassment, taunting and a sexually hostile work environment directed toward Villegas, and stood up for her. Molina claims that afterwards he was retaliated against.

In separate lawsuits, Villegas and Molina sued the County, Villegas alleging sexual harassment and Molina alleging retaliation. The Daily News is quoting court documents as putting the Molina settlement at $150,000 and the Villegas settlement at $325,000.

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Posted in Civil Suit, Sexual Harassment

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No comments Posted by on January 6, 2010