Alabama Recruit Alleges Sexual Harassment and Retaliation

An Alabama firefighter who claims he was sexually harassed by colleagues, and then ostracized after he reported them, has filed suit alleging sexual harassment, retaliation, and negligent hiring, training, and supervision. Zachary Wilkins filed suit against the city of Albertville alleging he was forced to resign after just six months on the department.

Wilkins claims the harassment focused on gay-related comments and pranks, and culminated in his resignation in lieu of termination after failing a physical abilities test weeks before he was scheduled to begin the fire academy. Quoting from the complaint:

  • Almost daily, he was subjected to name calling, gay jokes and gay related comments, both verbally and in group texts.
  • Wilkins was called names by his co-workers including “Rusty,” “Ole Copper Crotch,” “Ole burning bush,” “Gay,” “Rooster,” “Champ,” and “Rust bucket.”
  • Within his first two weeks on the job, Mr. Wilkins’ co-workers tricked him into taking a picture with one of his co-workers, Trey Green, who uncovered himself on the bed and was completely naked as the picture was taken. Although Wilkins was unaware of what was in the picture, that picture was sent by text to all employees on that shift.
  • On one occasion, Wilkins’ co-workers removed all of his clothing from the shower room while he showered. He was forced to leave the shower room naked and walk in the hallways in front of everyone to locate his clothes, which caused all of Wilkins’ co-workers to laugh.
  • Wilkins was sent numerous pictures by text representing gay men in relationships or having sexual interactions.
  • In or around March 2023, Wilkins reported what was happening to him to Lieutenant David Musick, a 22-year veteran with the Albertville Fire Department.
  • Musick instructed Wilkins to report the inappropriate activity to Captain Mike Hill, Wilkins’ direct Supervisor, which Wilkins did.
  • In or around March 2023, after making a report of sexual harassment to Hill, Hill called a meeting of Wilkins’ shift unit and said, “What happens on this shift stays on this shift.”
  • Wilkins did not feel comfortable reporting any further sexual harassing incidents to Hill or his other supervisors.
  • Wilkins’ co-workers distanced themselves from him and began excluding him from discussions and trainings and began calling him “Omaha.”
  • In retaliation for his complaint of sexual harassment, Wilkins was treated unfairly by Hill.
  • On or around August 23, 2023, when the heat index was 110 degrees and a heat index warning had been sent to the entire fire department, Wilkins was forced to run a Consumption Course run by Supervisors Chief Beam, Co-Chief Soper, Captain Hill and Lieutenant Lathan. They all acknowledged Wilkins looked sick before they made him run. Wilkins tested positive for Covid later that day after he got very sick while running the course.
  • After trying to complete the run on August 23, 2023, Wilkins was terminated by Chief Beam who told Wilkins he could resign, or he would be terminated.
  • Wilkins had passed the candidate agility test, had EMT certification and was prepared to begin Fire School on September 12, 2023; however, he was never given the opportunity to take the course.
  • He was, instead, terminated and forced to resign as a result of his complaint of sexual harassment.

Here is a copy of the complaint:

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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