Ohio Firefighter Alleges Gender Discrimination and Retaliation

An Ohio firefighter has filed suit against her fire department claiming she was harshly disciplined because of her gender. Melissa McKendry of the Fairfield Township Fire Department filed suit last week in US District Court alleging sex discrimination under federal and state law, and retaliation for having filed an EEOC complaint.

The suit arouse out of an EMS run on September 10, 2012.  McKendry claims that while attending to a patient with “flu-like symptoms” she “inquired of the patient if she would prefer to be transported by the family.”

The suggestion was declined and while the complaint alleges it neither caused a delay in transporting the patient nor affected the patient’s condition, it apparently prompted the patient’s son to complain to the fire department.

According to the McKendry’s complaint, the department failed to conduct an investigation into the allegations or even provide her with the opportunity for a disciplinary hearing. From the complaint:

• [McKendry] was suspended for three shifts.
• [She] was accused and disciplined all in the same meeting.
• Following her suspension, Plaintiff met with the assigned officer and was cleared for return.
• Following her meeting with the officer and the receipt of the clear to return to work, Plaintiff was contacted by the officer and told that despite her return to work clearance, her suspension would continue indefinitely.
• Defendant did not provide Plaintiff with any additional paperwork modifying her suspension or any additional disciplinary paperwork. Rather, following contact from the officer indicating her suspension would continue indefinitely, Plaintiff was informed she would have to complete a fit for duty assessment.
• In December 2012, while Plaintiff was still suspended, she met with Chief Tim Thomas, in regards to their failure to return her to work despite her service of the three shift suspension.
• During that meeting Plaintiff informed Defendant that she had filed an EEOC complaint.
• During the meeting Chief Tim Thomas indicated that due to the filing of the EEOC Complaint that Defendant may continue to withhold reinstatement.
• Further the Chief indicated that Plaintiff should understand that as a result of that EEOC Complaint "no one will want to work with you".
• Following the December meeting with the Chief, Defendant informed Plaintiff that she could only return to work if she would execute a contract prepared by their attorney indicating that she had to meet Defendant's expectations in order to maintain her employment. Specifically, Plaintiff's requirement to complete a fit for duty assessment was being changed to completion of a counseling assessment and execution of a "behavioral contract".

The complaint goes on to allege five separate incidents where misconduct by male firefighters was overlooked or not disciplined as harshly that given to McKendry.

The complaint seeks “compensatory and punitive damages, including but not limited to emotional and physical distress, suffering, inconvenience, mental anguish, loss of enjoyment of life, lost wages and income, and other benefits”.

Here is a copy of the complaint.MCKENDRY v FAIRFIELD TOWNSHIP