Civil SuitDiscriminationSexual HarassmentWrongful termination

Deputy Chief Files Discrimination and Retaliation Lawsuit Against Eastside Fire and Rescue

A former Washington fire chief whose department was consolidated into Eastside Fire and Rescue has filed a lawsuit in King County Superior Court alleging sex and sexual orientation discrimination, along with retaliation and wrongful termination.

According to the complaint, Chief Wendy Moffatt served as Fire Chief for King County Fire District #45 – Duvall, before the department’s operations were absorbed by EF&R in late 2023. As part of the consolidation agreement, Moffatt transitioned into the role of EF&R’s Deputy Chief of Logistics effective January 1, 2024.

Chief Moffatt’s suit alleges that from the beginning of her tenure with EF&R, she was subjected to discriminatory treatment based on her sex and sexual orientation. Among the allegations are that she was assigned a windowless office away from the other Deputy Chiefs despite a vacant office being available, given one of the department’s oldest vehicles despite her position requiring extensive travel, and subjected to heightened scrutiny and micromanagement compared to male colleagues.

In April 2024, Chief Moffatt claims she reported concerns about discriminatory treatment to EF&R’s Human Resources director. The complaint alleges that instead of initiating an investigation, HR informed the fire chief of her complaint. The following business day, she was presented with a proposed severance agreement, and pressured to resign. When she refused, the department  began documenting complaints against her and, in June 2024, terminated her employment, citing a dispute over whether an email had been sent.

The lawsuit asserts three causes of action under the Washington Law Against Discrimination (WLAD):

  • Sex discrimination under RCW 49.60.180
  • Sexual orientation discrimination under RCW 49.60.180
  • Retaliation under RCW 49.60.210 for making protected complaints of discriminatory treatment

Chief Moffatt is seeking economic and noneconomic damages, attorney’s fees, and a jury trial. Here is a copy of the complaint:

Curt Varone

Curt Varone has over 50 years of fire service experience and 40 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. Besides his law degree, he has a MS in Forensic Psychology. 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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