Demoted and Suspended Texas Fire Chief Alleges Disability Discrimination

Posted by: Curt Varone October 17, 2024 0

A Texas fire chief who was demoted and later suspended due to health-related concerns, has filed suit alleging disability discrimination and retaliation. Fire Chief Mario Escobedo filed suit against the City of Pleasanton alleging violations of the Rehabilitation Act and the Americans with Disabilities Act.

Chief Escobedo alleges he is being discriminated against on account of (1) his having diabetes, (2) because the city regards him as having a disability related to diabetes, and (3) because he has been attending to his father who has cancer. Quoting from the complaint:

  • On or about June 5, 2024, Escobedo had a meeting with the City Manager Johnny Huizar and Victoria Solis the Human Resources Director.
  • During the meeting he was told that he was being demoted from the position of Fire Chief and to Assistant Fire Chief. Huizar told Escobedo that Escobedo had been giving priority to his own medical condition, diabetes, and to his father’s prostate cancer over his job.
  • Huizar also told Escobedo that he looked sick, depressed, and tired. Escobedo was told that another firefighter Robert Juarez III would be taking over the position of Fire Chief. Escobedo knew that Juarez was younger than him and did not meet the requirements for the position of Fire Chief.
  • On July 29, 2024, Mr. Escobedo was informed that he was being suspended with pay due to “numerous complaints and concerns regarding your behavior and well-being within the department.”
  • No specific allegations were provided. Escobedo was placed on administrative leave until September 3, 2024 and was required to have his doctor fill out a mental health evaluation.
  • On August 2, 2024, Mr. Escobedo filed his Charge of Discrimination with the EEOC alleging disability discrimination and retaliation.
  • On or about August 9, 2024, Escobedo learned that he had been removed from the City of Pleasanton Fire Department roster. Escobedo also learned that another person had been appointed as assistant chief, the position that he was supposed to be returning to.

The suit was filed in US District Court for the Western District of Texas. Here is a copy of the complaint:

US_DIS_TXWD_5_24cv1154_d50694156e269_COMPLAINT_PLAINTIFFS_ORIGINAL_COMPLAINT_AND_JURY_DDownload

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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