Fire Law News

August 15, 2023

Mobile Firefighter Terminated Over Tattoo Files Discrimination Suit

The Mobile firefighter who was fired last year over a tattoo on her head and neck, has filed suit against the city alleging race, gender, sexual orientation and religion discrimination; hostile work environment; retaliation; and violation of the Equal Protection clause of the 14th Amendment. Kay’Ana Adams filed suit today in US District Court for the Southern District of Alabama.

Adams’ suit follows on the heels a suit filed by two Mobile fire captains three weeks ago. Captain Jason Craig and Captain Rodrick Shoots claim they were disciplined because they came to the defense of Adams. Both were officers in the Mobile Chapter of the International Association of Progressive Black Firefighters.

Quoting from Adams’ complaint:

Plaintiff Kay’ana Adams is an African-American homosexual female. She is also Muslim.
Ms. Adams was employed as a probationary firefighter with City of Mobile Fire Rescue Department from on or about September 11, 2021, until she was unlawfully terminated on or about November 10, 2022.
From the moment Ms. Adams was hired at MFRD, she faced sexist and racist remarks and discrimination from coworkers as a result of her being a black, female, lesbian firefighter.
For example...

MORE INCLUDING A COPY OF THE COMPLAINT

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Ninth Circuit Upholds Firing of Fire Chief Who Attended Christian Leadership Conference

The Ninth Circuit Court of Appeals has ruled that the City of Stockton fired former Fire Chief Ronald Hittle in 2011 for legitimate, non-discriminatory reasons, and that the chief was unable to show these reasons were pretextual excuses to justify religious discrimination. In doing so the court upheld the trial court’s grant of summary judgment to the city, the former city manager Robert Deis and the former deputy city manager Laurie Montes in 2022.

The factual allegations are lengthy, and were covered in a post here in Fire Law Blog in 2012. Among the most important allegations are that the city received complaints about the chief’s religious activities, attendance at a Christian leadership conference on department time, and his alleged favoritism toward personnel who were part of a “church clique.” An outside investigator was hired and a 250-page report sustained a number of allegations, leading to Chief Hittle’s removal.

The chief claims his termination violated Title VII and California state employment discrimination law. After of years of legal wranglings, summary judgment was granted to the city and its managers on March 1, 2022, prompting the appeal. The Ninth Circuit...

MORE INCLUDING A COPY OF THE DECISION

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4th Edition

Curt Varone

Curt Varone has over 45 years of experience in the fire service. He served twenty-nine years with the Providence, Rhode Island, Fire Department, retiring as a Deputy Assistant Chief (shift-commander). He has been a practicing attorney for over 37 years licensed in both Rhode Island and Maine. He previously served as the Director of the Public Fire Protection Division at the National Fire Protection Association. Curt has written two books, Legal Considerations for Fire and Emergency Services, and Fire Officer's Legal Handbook. He is a contributing editor for Firehouse Magazine writing the Fire Law column and remains active as a deputy chief with the Exeter (RI) Fire Department.

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