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Gender Discrimination - Are we an profession that likes to flaunt the law?

This is a little long but it appears that the fire service is not heeding lessons from other verdicts against fire departments on similar issues of discrimination, gender bias, ageism and all of the federal laws protecting firefighters. When are we going to learn?

A federal judge on Monday affirmed a nearly $2.5 million gender discrimination verdict in favor of a woman who was forced out of the Fresno Fire Department's training academy. The U.S. District Judge denied the city's motion for a new trial and its contention that the evidence did not support the jury's verdict.

Taken together, the rulings make it more likely that Michelle Maher -- a single mother and former professional mixed-martial arts fighter -- will emerge victorious in her lawsuit, and that the cash-strapped city will have to shell out $2.46 million, plus attorney fees that could top $1 million. Maher sued the Fire Department in 2008, saying fire training academy supervisors repeatedly asked her personal questions, set her up to fail certain tasks and unfairly graded an exam. Male candidates didn't face the same treatment, her suit said. When Maher started the 20-week course in September 2005, she already had passed the nine-month Fresno City College Fire Academy, was a certified EMT and had obtained 13 certificates in firefighting skills.

During her time at the academy, Maher says, a supervisor repeatedly asked her about her divorce and suggested she was not giving her full effort in the academy because she was a single mother. About midway through the academy, Maher said she was told that because she had scored below 80% on her most recent quiz, she had to get at least an 80% on a midterm examination or else she would fail the academy. She said she scored a 78% on the test.

Maher was asked to either resign or be fired from the academy. She resigned.

After the three-week trial last fall, jurors said they believed Maher was not given adequate time to prove herself at the academy. They also felt evaluations were inconsistent, men in the academy were given extra chances to improve in weak areas and nobody from the Fire Department could pinpoint department standards.

This is a teachable moment – these legal actions are a distraction to our industry, cost a lot of money – money that can put firefighters on the street. Let’s wake up and smell the coffee!

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Permalink Reply by Larry Lasich on March 17, 2010 at 9:27am

The difference between a troop committing and management allowing that behavior is a new ladder truck; or a lot of raises. We cut our own throats.

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