Civil SuitDiscriminationPromotionsRetaliation

Kansas City Fire Captain Sues City Alleging Race Discrimination, Retaliation Over Promotions and DEI Role

A Kansas City, Missouri, fire captain has filed suit against the city alleging race discrimination, associational discrimination, and retaliation under the Missouri Human Rights Act. The suit was filed in Jackson County Circuit Court and seeks damages and equitable relief.

The plaintiff, Donnell Roberts, identified in the complaint as African American, has served with the Kansas City Fire Department since 2005. At the time of the lawsuit, Roberts was serving as a captain assigned to the department’s Diversity and Recruitment Division.

According to the complaint, in April 2022 the then–fire chief (who’s name was redacted from the complaint) encouraged Roberts to apply for an open deputy chief position. Captain Roberts alleges that despite being recruited and meeting the qualifications, he was not selected for an interview. He states that the position was ultimately filled by a candidate with less education and training. The explanations given to Captain Roberts for his non-selection allegedly changed over time, including assertions that he lacked battalion chief experience—an explanation Captain Roberts disputes, noting that the selected candidate also lacked such experience.

In June 2022, Captain Roberts accepted a transfer into a newly created Diversity and Recruitment Division. He alleges he was told he would oversee the division, report directly to the Fire Chief, and receive support to build out its programs. Two months later, the department created a new division chief position above him. Captain Roberts claims he was not interviewed for that role and that it was filled by a white female candidate with less experience and fewer qualifications. Although he was allegedly assured he would continue to play a leadership role, Captain Roberts contends he was marginalized within the division. Later, when that division chief position again became vacant, Captain Roberts applied for it and alleges he was denied consideration.

The lawsuit also focuses heavily on promotional testing. In September 2022, Captain Roberts applied to take a battalion chief promotional exam. He alleges his application was denied because he was one month short of the required time in rank, even though he would have met the requirement by the date of the exam. Captain Roberts claims that similarly situated white candidates were allowed to take promotional exams despite not strictly meeting eligibility requirements. The complaint goes on to list a litany of promotional exam problems that allegedly unfairly disadvantage minority candidates.

In 2024, another round of battalion and division chief promotional exams was conducted. Captain Roberts alleges that candidates were instructed not to disclose rank or accomplishments during oral components, but that many white candidates ignored those instructions without consequence. He also alleges that in 2025 certain prior promotional testing materials—previously denied to exist—were discovered and despite the fact they were relevant to previously filed complaints.

Captain Roberts filed charges of discrimination and retaliation with the EEOC and the Missouri Commission on Human Rights in March 2025. He alleges that after filing those charges, he was denied consideration for a division chief position within the Diversity and Recruitment Division and was excluded from meetings and duties related to recruitment and community outreach.

The lawsuit asserts discrimination and retaliation claims under the Missouri Human Rights Act. More specifically, it alleges race discrimination and associational discrimination based on Captain Roberts’ advocacy on behalf of minority and female firefighters. He seeks compensatory damages, punitive damages, attorneys’ fees, and equitable relief.

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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