San Jose Fire Department Engineer Files Suit Alleging Discrimination, Harassment, and Retaliation

A civil engineer with the San Jose Fire Department’s Bureau of Fire Prevention has filed suit against the department and an assistant chief, alleging discrimination, harassment, and retaliation based on race and gender. Su-Yin Chou filed suit in Santa Clara County Superior Court on September 29, 2025.

According to the complaint, Chou, an Asian female of Taiwanese descent, has worked for the department since March 2020. She holds a master’s degree in civil engineering and has over 30 years of professional experience in both the public and private sectors. The lawsuit names Assistant Chief James Dobson, who became her supervisor in February 2022, as a co-defendant.

Chou alleges that shortly after Chief Dobson assumed the role of Fire Marshal, he began making remarks about her ancestry and accent. The remarks include:

• Defendant remarked that Plaintiff was “MIT: Made in Taiwan.”
• Defendant learned that Plaintiff had children. Defendant Dobson referred to Plaintiff’s children as “ABCs” (American-Born Chinese).
• Thereafter, Defendant Dobson said that Plaintiff’s daughter was “like a banana: white on the inside, yellow on the outside.”
• Plaintiff understood that Defendant was making a personal comment about Plaintiff’s daughter that was unrelated to Plaintiff’s work and that the comment was intended to be derogatory.
• From February through June 2022, Defendant Dobson met with Plaintiff on several occasions. During these meetings, Defendant repeatedly mocked Plaintiff’s accent and told her to “enunciate”.
• These comments were often made in front of other co-workers. Defendant Dobson’s comments made Plaintiff feel humiliated.

In November, 2022, Chou applied for an Engineer Division Manager position, and was passed over in favor of a less qualified male employee in April, 2023. In October 2023, she reported Chief Dobson’s harassment to the City Manager’s Office of Employee Relations but alleges that witnesses she identified were not interviewed, and the department failed to address the harassment.

Chou claims after she was passed over, she was placed on a performance improvement plan in September 2023 at Chief Dobson’s direction, causing her to lose benefits such as remote work and executive leave. Although she reportedly met the plan’s requirements, it was extended until May 2024.

Chou alleges that the department’s actions resulted in loss of promotion, pay, and professional reputation, and caused her emotional distress. She filed complaints with both the California Civil Rights Department and the Equal Employment Opportunity Commission, received right-to-sue letters, and is now seeking compensatory, punitive, and injunctive relief.

The complaint includes four causes of action:

• Discrimination (race and gender) under California’s Fair Employment and Housing Act (FEHA);
• Failure to Prevent Discrimination;
• Harassment; and
• Retaliation.

Here is a copy of the complaint: