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