Phoenix Deputy Chief Claims Harassment and Retaliation
A deputy chief from Phoenix, Arizona has filed a rather unusual sexual harassment suit against the department: he claims that he was harassed by members and retaliated against by the department because he reprimanded officers who allowed sexually inappropriate drawings and items to be displayed in a fire station.
The case began in November, 2009, when Deputy Chief Frank Cheatham observed “several inappropriate, sexually suggestive drawings and items—specifically, two depictions of a penis and testicles—openly displayed in the workplace at Fire Station 1.” At the time Chief Cheatham was the South Side Shift commander, in charge of roughly 440 firefighters. He “admonished the supervisors at Fire Station 1 that such drawings were inappropriate and would not be tolerated in the future.”
Thereafter, Chief Cheatham was informed he was no longer welcome at meals at the station, and that “the firefighters at Fire Station 1 would never trust Chief Cheatham’s assistant again and considered him to be a spy for Chief Cheatham.”
Chief Cheatham claims that he then subjected to harassment, including:
- “a t-shirt bearing another drawing of a penis and testicles [being] draped over a piece of gym equipment” where he was working out;
- “a large brown envelope in interoffice mail containing two small pieces of pasta, one of which resembled a penis and the other of which resembled a vagina. … The piece of pasta resembling a vagina had Chief Cheatham’s first name (“Frank”) written on it.”
- “rumors … that he would be removed from his position as Deputy Chief Shift Commander of South Shift Command.”
In March, 2010 Chief Cheatham was involuntarily transferred to the safety division, an assignment that he referred to as having “less favorable working hours … than the hours that he enjoyed in his position as Deputy Fire Chief Shift Commander of South Shift Command… and far less prestige…”
The complaint characterizes the transfer as retaliation, and demotion. It claims ‘The City of Phoenix Fire Department is engaging in a pattern and practice of retaliating against its employees who complain of discrimination in the workplace…. [and that the] harassment and retaliation summarized above had a substantial negative impact on Chief Cheatham's employment and psychological wellbeing and continue to do so.”
Here is a copy of the suit, filed last week in US District Court in Phoenix. Cheatham v Phoenix
Why just a $1.00 in damages, is that an Arizona thing in the filing of the claim or some other unkown personal reason. The $1.00 looks a little out of place
Good question Jay
When someone asks for nominal damages, it usually means they are looking to be vindicated on the merits of the case.
However, the attorneys who drafted the complaint also asked for an award of "compensatory and punitive damages against Defendant in an amount to be determined at trial" and "all other relief just and appropriate under the circumstances" – so their bases are pretty well covered to recieve monetary damages as well.
Thanks
He obviously deserves to be demoted. His ability as a leader is in doubt when he admonishes his crew and they basically tell him to F*** off. Basically, he should have put the hammer down but it appears his crew was correct when they wrote his name on that piece of pasta.