Civil SuitDiscriminationSexual Harassment

Fairfax County Sexual Harassment Double Header

The Fairfax County Fire Department is in the middle of a double-header of sorts, but its no game. The department has been sued in two separate Federal lawsuits by two female firefighters for sexual harassment, and the department has lost the first case at trial. Both suits allege a hostile workplace.

The first suit was brought by firefighter Mary Getts Bland, who retired last year. She alleged that Lieutenant Timothy Young harassed her despite her complaints to the department about his conduct. A May 3, 2011 pre-trial ruling by Judge James C. Cacheris sets forth the facts in considerable detail for anyone interested.

Last week a jury ruled in Bland’s favor, awarding her $250,000 and finding that the department knowingly tolerated the harassment. Judge Cacheris had previously dismissed Bland’s civil rights claim and a claim that she was retaliated against. For more on the decision.

The second suit was filed by firefighter Stacey Bailey, who alleges that Young as well as other male firefighters harassed her. She also alleged that a lung injury she suffered during a training evolution was caused by harassment, but that allegation was dismissed by Judge Gerald Bruce Lee on December 21, 2010.  Here is Judge Lee’s ruling.

Attorney Ellen K. Renaud represents both Bland and Bailey. Bailey’s suit is scheduled for trial in June.

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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