DOJ Files Complaint Against Robertson Fire District Alleging Unfair Retaliation

The U.S. Department of Justice filed a complaint against the this week, alleging that the department unfairly retaliated against a firefighter who provided testimony against it, according to a press release.

The district is accused of violating Title VII of the Civil Rights Act of 1964, which is a federal statute that prohibits employers from retaliating against employees for standing up against employment discrimination.

“Employees who refuse to participate in discriminatory activity and provide testimony against their employers’ unlawful discrimination should be applauded, not punished,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division in the release.

The complaint said that firefighter Steve Wilson was subjected to acts of retaliation by the department when he provided testimony in support of a Title VII case brought by the department in 2007 on behalf of two former African-American firefighters.

In his deposition, Wilson reportedly described how Robertson’s Chief David Tilley asked him to participate in discriminatory conduct against the two. Wilson said he refused to do so, and the lawsuit alleges that he was treated unfairly as a result of his testimony.

 “Title VII not only protects those who have suffered discrimination, it also protects those who oppose discrimination in the workplace,” Perez said. “We will not tolerate public employers retaliating against their employees who participate in the investigations and lawsuits necessary to combat unlawful discrimination.”

Wilson’s Story

According to the complaint, Wilson has worked for the Robertson Fire Protection District since 1980. By 1990, he’d risen through the ranks to become a Battalion Chief, and along with two other Battalion Chiefs, was responsible for supervising Robertson firefighters.

The complaint states that after Wilson refused to discriminate against his fellow firefighters, he was demoted to a private’s rank, with a corresponding reduction in pay and benefits. He was fired in September of 2006.

Then, his union helped him to get his job back, but he accepted his demotion and suspension. He was employed on a probationary status that prevented him from being promoted. The probation was to continue until October 2007.

But in July of 2007, the U.S. filed the lawsuit on behalf of the two African-American firefighters, Ephraim Woods, Jr. and Lamont Downer.

Later that summer, then-Fire Marshall Charles Braband announced that he wanted to retire, and the department proposed a mentoring program that would allow him to mentor and train his successor.

At that time, Wilson was the only internal candidate who had the required state certifications for the job, and he sent a letter to the department asking for the job.

In September, the department sent him a letter saying he couldn’t be considered for the position due to his probation, which was due to end the following month.

In October, the department extended Wilson’s probation through June 2008.

In January of 2008, the U.S. served the department with a notice that Wilson would need to give a disposition.

A month later, Wilson filed the EEOC charge complaint on race discrimination and retaliation based on his allegation that Chief Tilley had asked him to engage in discriminatory behavior against Woods and Downer.

Wilson’s complaint alleged that when he refused to cooperate, he was demoted, suspended and fired.   Further, his complaint stated that he was further retaliated against with the probationary period that prevented his advancement, promotion and seniority rights, and that continued when the department extended his probationary status in October 2007.

Finally, in March 2009, the department removed Wilson from the probationary period. In December that year, the department denied his request to become an engineer.

Wilson is asking the court to order that he is giving the opportunity for promotion and for back pay and benefits as if he’d received the promotion in a timely manner. He also asks the court to prevent further retaliation against him, and wants compensatory damages for pain and suffering.

Wilson would also like negative references related to the retaliation removed from his employee file, as well as for the department to take steps to ensure a non-discriminatory workplace for its employees.