Connecticut Firefighter Sues Department Alleging Reverse Discrimination in Promotions

A former lieutenant with the Hamden Fire Department has filed a discrimination lawsuit against the Town of Hamden, alleging he was denied a promotion due to his race. The suit, filed in Connecticut Superior Court by James McCarthy, claims that the Town violated the Connecticut Fair Employment Practices Act (CFEPA) when it failed to promote him to Fire Captain in January 2023.

McCarthy, who is white, served with the department for over two decades, beginning in 2001 and retiring in May 2024. He rose through the ranks and was promoted to lieutenant in 2017. According to the complaint, McCarthy held numerous certifications including Fire Officer I-IV, Fire Instructor I-III, and Emergency Medical Services Instructor (EMSI), many of which he obtained independently at his own expense.

In 2022, McCarthy applied for the position of Fire Training Officer. Although he claims he was more qualified than the candidate ultimately selected—who did not hold the necessary EMSI certification at the time of the appointment—he was passed over.

The focal point of McCarthy’s lawsuit is his application for promotion to Fire Captain. After scoring first on the promotional list, he was bypassed in favor of another lieutenant, Joseph Anderson, an African American firefighter ranked second. The vote of the Hamden Fire Commission, which has the authority to make promotions, split along a 3-2 line. The complaint alleges that race was a motivating factor in the decision to promote Anderson over McCarthy, and that the department’s broader diversity initiative contributed to discriminatory treatment.

According to the lawsuit, both the mayor of Hamden and several Fire Commissioners had publicly stated goals of increasing racial diversity in the department. McCarthy argues that this emphasis led to race-based decision-making in violation of state law. Here are the specific factual allegations, quoted from the complaint:

• The Plaintiff, who is a White/Caucasian male, was hired by the Defendant as a firefighter in May 2001. He served on the Hamden Fire Department until May 1, 2024.
• During that time, he served as a firefighter, paramedic and Emergency Medical Technician (EMT).
• The Plaintiff was promoted to the rank of Fire Lieutenant on September 17, 2017.
• Members of the Fire Commission have stated in the media and at commission meetings that it had a goal to bring more diversity to the Hamden Fire Department.
• Fire Commissioners Gary Tinney and Samod Rankins, upon being appointed to the Commission in 2022, publicly expressed their goal to increase racial diversity in the Hamden Fire Department. Lauren Garrett, who was the mayor of Hamden at that time in 2022, also publicly expressed a goal of diversifying the Hamden Fire Department.
• In accordance with those stated goals, the Hamden Fire Department established a diversity initiative.
• In May 2022, the Plaintiff applied for the position of Fire Training Officer.
• Although the Plaintiff was the more qualified and experienced candidate, the Fire Commission promoted another candidate, Julio Lopes, to that position. At that time, the Plaintiff was certified as an Emergency Medical Services Instructor (“EMSI”). Lopes did not at that time have an EMSI certificate, nor did he obtain one in the one-year time period established by the Defendant.
• In January 2023, the Plaintiff, who sought a promotion to the position of Fire Captain, was ranked first on the certified list of candidates. Lt. Joseph Anderson, who is Black/African-American, was ranked second.
• At that time, the Plaintiff was more qualified than Lt. Anderson. He had served on the Department for more than 21 years. The Plaintiff had also attended numerous trainings and earned several certifications on his own volition and at his own expense.
• Specifically, the Plaintiff held Fire Officer I, 11, Ill and IV certification, as well as Fire Instructor I, II and Ill certifications, and the aforementioned EMSI certification.
• On Jan. 9, 2023, following interviews of the candidates, the Fire Commission promoted Lt. Anderson to the position of Fire Captain.
• Commissioners Mitchell and Poindexter voted in favor of appointing the Plaintiff to Fire Captain, with Commissioners Hill, Rankins and Tinney voting against.
• Commissioners Hill, Rankins and Tinney voted in favor of appointing Anderson to Fire Captain, with Mitchell and Poindexter voting against.
• The Plaintiff’s race and/or skin color was a motivating factor for the Commission’s decision to not promote him to Fire Captain.
• The Defendant discriminated against the Plaintiff on account of his race and/or skin color by denying him promotion to Fire Captain on Jan. 9, 2023.
• Such disparate treatment on account of race/color is a violation of the Connecticut Fair Employment Practices Act.
• As a result of the Defendant’s discriminatory conduct, the Plaintiff has suffered economic losses and emotional distress.
• The Plaintiff retired from the Hamden Fire Department on May 1, 2024. The aforementioned emotional distress was a major contributing factor to his decision to retire.

The complaint alleges that the denial of promotion, and the circumstances surrounding it, caused McCarthy emotional distress and contributed to his decision to retire in 2024. He is seeking monetary damages, attorney’s fees, and punitive damages.