Fire Law Blog

A wrongful termination lawsuit filed last June by a Colorado deputy chief has been settled. Deputy Chief Kevin Ratzmann sued the Los Pinos Fire Protection District alleging violations of the First and Fourteenth Amendments, retaliation, wrongful termination, breach of contract and promissory estoppel.

An Everett, Washington firefighter has filed suit alleging race discrimination and retaliation. Jason O. Anderson filed suit last week in US District Court for the Western District of Washington alleging one court of race discrimination under Title VII of the Civil Rights Act of 1964, and one count of retaliation.

A Washington state firefighter who was repeatedly denied accommodations for his military service has filed suit in federal court claiming a violation of Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Brett Martinson filed suit yesterday against Central Pierce Fire & Rescue.

A female applicant for the Mount Vernon Fire Department has filed suit claiming the city’s use of physical abilities performance criteria to rank candidates unlawfully discriminates against women. Brittany Montana filed suit against the City of Mount Vernon alleging a violation of federal and state discrimination law.

Two New England cities are in the Fire Law news with settlements of sexual harassment claims resulting in large payouts to female firefighters. In Boston, attorneys for former firefighter Nathalie Fontanez announced that she has accepted a $3.2 million settlement of her sexual harassment and retaliation claims.

A New Jersey EMT who is facing criminal charges for secretly filming people in bathrooms at the headquarters of two EMS organizations, has had his license suspended by the New Jersey Department of Health. MyCentralJersey.com is reporting that the state has suspended the EMT license of Douglas Gimson.

A firefighter in Olean, New York has filed suit claiming he was discriminated and retaliated against for having taken leave for the birth of his son. Justin Melfi filed suit in US District Court for the Western District of New York on January 8, 2021 naming the City of Olean, Mayor William Aiello and Chief Tim Richardson.

A sexual harassment lawsuit filed by a female firefighter in South Carolina has been removed to US District Court. Rebecca Sterner filed suit late in 2020 naming the Goose Creek Rural Volunteer Fire Department, Fire Chief Robert Maibach, Battalion Chief Gary Melton, and Lieutenant Steve Varlas as defendants.

The 3rd Circuit has upheld the dismissal of a suit brought by the estates of three Wilmington firefighters who were killed and three others who were injured in a 2016 building fire. The fire claimed the lives of LT Christopher Leach, FF Ardythe Hope, and FF Jerry Fickes. FF Brad Speakman, FF Terrance Tate, and LT John Cawthray, were seriously injured during the rescue efforts.

Today’s burning question: Do we have to pay part-time firefighter/EMS employees for their lunch break? Answer: First of all, the FLSA does not draw a distinction between full-time, part-time, or per diem employees. An employee is an employee.

A captain with the City of Shavano Park has filed suit accusing local officials of national origin discrimination for not choosing him as fire chief. Captain Ivan Hernandez filed suit in US District Court for the Western District of Texas claiming a violation of Title VII of the Civil Rights Act of 1964.

A sexual harassment lawsuit filed last year in Superior Court for Macon County, Georgia by a volunteer firefighter, has been removed to federal court. Ondrea Zink filed suit against the City of Montezuma, Fire Chief Matthew Moye, and Mayor Larry Smith

As 2020 FINALLY comes to a close, let’s take a moment to reflect on the top headlines from Fire Law Blog for the past year. First, let’s look at the most popular stories based upon readers’ interest. Here are Facebook’s Top 10:

A civilian manager in FDNY’s human resources division has filed suit claiming he was wrongfully passed over for promotion to Assistant Commissioner for Human Resources, and then retaliated against when he filed a complaint with the EEOC. David Ogula filed suit last week in US District Court naming the City of New York, Fire Commissioner Daniel Nigro, and two deputy commissioners.

A Montebello fire captain who sued the department for race discrimination in 2013 and 2017, has filed his third race discrimination lawsuit. Captain Vernon Creswell filed suit yesterday in Los Angeles Superior Court, alleging for retaliation, disability discrimination, and violation of the California Firefighter Procedural Bill of Rights.

A fire captain in Selma, California who was demoted earlier this year, has filed suit claiming the city failed to provide him with proper notice and an opportunity to be heard at an appellate hearing before the city council. Eric Beasley filed suit in Fresno County Superior Court naming the City of Selma, the fire chief and the city manager.

A battalion chief with the El Segundo Fire Department has filed suit claiming he has been subjected to years of age-related harassment intended to drive him off the department. Battalion Chief Shawn Bonfield filed suit in Los Angeles County Superior Court last week alleging two counts of discrimination and harassment.

The appeal of a Utica firefighter who was terminated for engaging in lewd behavior in the firehouse in 2018 has been rejected by the Appellate Division of the New York Supreme Court. Richard J. Forte was fired following a police investigation into semen found on the pants of a female firefighter.

An assistant chief with the Orlando Fire Department has filed suit accusing a former fire chief of sexual harassment, and the city with failing to address it. Assistant Chief Dawn R. Sumter filed suit yesterday in US District Court for the Middle District of Florida naming the City of Orlando and former Fire Chief Roderick Williams as defendants.

Nova Scotia's Occupational Health and Safety Division has cited the Nova Scotia Firefighting School with two charges in connection with the death of a firefighter last year. Truro firefighter Skyler Blackie died on March 20, 2019, eleven days after he was injured in an explosion at the Nova Scotia Firefighting School.