Florida Fire Rescue Department Settles Sex Discrimination and Retaliation Claims
Four Florida female firefighters have resolved their sex discrimination and retaliation claims against their employer, the Davie Fire Rescue Department, for more than $400,000 according to the South Florida Sun Sentinel. Three firefighters filed complaints with the federal Equal Employment Opportunity Commission which referred the cases to the U.S. Department of Justice. The firefighters and department entered into a consent decree filed at the U.S. District Court for the Southern District of Florida.- Lori Davis and Kristen Rohrer were denied light duty work during their first trimester of pregnancy pursuant to department policy. The fire department routinely granted light duty work to other firefighters for non-work related injuries.
- Contrary to a doctor's order the fire department denied Davis’ request for light duty during her first trimester of pregnancy in 2009. She worked a water hose during a fire in November of that year and miscarried the next day. After Davis complained about discriminatory treatment, the fire department responded by taking adverse actions against her designed to discourage similar complaints, according to a press release by the Department of Justice.
- Rohrer became pregnant in 2010 and claimed she was humiliated by male co-workers, who ridiculed her use of a breast pump. She alleged male co-workers said her breaks were to "pull on her udders."
- Monica Santana alleged she suffered retaliation after complaining about gender discrimination. She claimed she lost a promotion after she questioned a request by a superior she complete a "reacclimation process" after completing light duty work. This process was not required of male co-workers. Santana also stated pornographic magazines were in common areas around firehouses and she was retaliated against after complaining about them.
- Devon Sweet is named in the settlement but had not filed a legal action against the town. She was also denied a request to go on light duty during the first trimester of her pregnancy.
- Though you may think a case involving a denied request for light duty work may violate disability law, pregnancy is not normally considered a disability (unless there are serious complications).
- If one group of employees (in this case men) is allowed light duty work while others (in this case women) are not, that can be the basis of a discrimination claim, whether the difference is sex, color, race or age.
- Frequently discrimination claims are linked to retaliation claims. If an employer is willing and able to violate one part of the law, it often will follow up with actions to punish and discourage discrimination complaint. The underlying discrimination claim may be dismissed in court while the employer could still be held liable for retaliation.