Elmhurst Firefighter Claims Retaliation: Complaint

ELMHURST, IL – An Elmhurst firefighter complained last year that the city retaliated against him after he said he was the victim of discrimination, according to his complaint with a federal agency.

Last month, the City Council voted to settle with firefighter Eric Burmeister, giving him $80,000 in exchange for dropping his claims.

One of those claims was with the Equal Employment Opportunity Commission. Last week, Patch obtained that document through a public records request.

In the EEOC complaint, which Burmester filed in November, he said he suffered from a disability. But he said he was able to perform the essential duties of his position.

Burmeister said the fire department made him perform drills not required under the union agreement. And he said the department refused to provide him with the necessary safety equipment.

"(I)t made me repeat many drills but did not do so to non-disabled individuals, and it required me to undergo a psychiatric fitness for duty evaluation without any basis for doing so," Burmeister said in the complaint.

He said the city began to retaliate against him after he complained through his lawyer that he believed he was the victim of discrimination.

Among other things, he said, the city falsely accused him of not responding to calls and denied him a promotion, despite being first in line for one under the union agreement.

Burmeister contended the discrimination and retaliation violated his rights under the Americans With Disabilities Act.

Patch also obtained the city's settlement agreement with Burmeister through a records request.

The agreement said Burmeister would resign May 14, but that he would be on paid leave until then. He is relieved of all duties as a firefighter and can seek outside work in the meantime.

While on leave, Burmiester is prohibited from any private areas in city buildings, unless the fire chief or city manager allows him in.

The agreement barred either party from disparaging the other.

It also prohibited either side from speaking with the media about the settlement. If a reporter contacted a party, that party is supposed to say something to the effect of, "All matters have been amicably resolved and I/We have no further comment."

The city denied Burmeister's claims.

In a story last month, Patch documented Burmeister's contentions in his union's complaint with the state Illinois Labor Relations Board.