Florida Firefighter Alleges Military Service Discrimination

A Florida firefighter is claiming that he was entitled to a promotion to deputy chief under a state veteran preference law. John Kutz filed suit against the Bonita Springs Fire Control and Rescue District.

The suit alleges a violation of Florida Statutes § 295.09 and Uniformed Services Employment and Reemployment Rights Act of 1994. It was filed in US District Court for the Middle District of Florida.

It is not clear what rank Kutz was at the time he was passed over, but the complaint alleges he was a lieutenant in 2021. He and a captain were deemed to be “equally qualified” for the promotion, but the captain received the promotion in December, 2024. Quoting from the complaint:

• Plaintiff has been employed with Defendant since 2006.
• In 2015, Plaintiff joined the National Guard.
• In 2016, Plaintiff took a leave of absence to attend basic training.
• In 2021, Plaintiff was deployed for approximately a year and was reemployed by Defendant as a lieutenant upon his return.
• Florida Statute section 295.09(1)(a) required Defendant to provide Plaintiff “preference in promotion” and required Plaintiff to “be promoted ahead of all others who are as well qualified or less qualified for the position.”
• After being reemployed, the position of Deputy Chief became open.
• Plaintiff applied for the position and was one of three applicants for the promotion.
• After interviewing for the job, Defendant told Plaintiff and the chosen candidate were equally qualified for the position, but that Plaintiff would not receive the promotion.
• When Plaintiff alerted Defendant that it violated Florida’s laws regarding veteran preference in promotions, Defendant asserted that the law only required the District to give Plaintiff an interview and did not require it to select him over equally qualified applicants.
• Based on information and believe, Defendant created records after-the-fact to suggest that Plaintiff and the chosen candidate were not equally qualified for the position as Defendant had previously admitted.
• Specifically, Defendant provided Plaintiff with a copy of a performance evaluation of the chosen candidate that was allegedly completed by former Deputy Chief Eric Madden.
• The evaluation in question was completed after Madden was no longer working for Defendant.
• Defendant also produced records that contained notes regarding the three applicants.
• The records in question cite Plaintiff’s military service and training as a reason he was not selected for the position.
• Defendant refused to promote Plaintiff despite its admission that the three candidates were equally qualified for the position, which triggered its obligation to promote Plaintiff under Florida’s veteran preference statute.
• After Plaintiff notified Defendant of its violation of Florida law, Defendant changed its position, asserting that Plaintiff was less qualified for the position, and supported its new position with documents that, based on information and belief, were created after-the-fact.
• The cited documents specifically reference Plaintiff’s military service and the training he received during such service as a reason Plaintiff was allegedly less qualified for the position.
• Defendant’s decision to not promote Plaintiff was motivated by Plaintiff’s membership in, performance of his duties in conjunction with, and continuing obligations to the National Guard.
• Defendant’s decision constituted an adverse employment action and represented disparate treatment of Plaintiff because equally an individual defendant asserted to be equally qualified was promoted over Plaintiff.

Here is a copy of the complaint: