Newton To Pay $1.56M To Settle Racial Discrimination Lawsuits

NEWTON, MA — The Newton City Council voted earlier this month to approve settlements of $1.5 million and $65,000 reached on two separate lawsuits filed by members of the Newton Fire Department involving allegations of racial discrimination, according to Mayor Ruthanne Fuller.

"My goal for Newton is that everyone who works for our City is treated with respect and dignity,” said Fuller in a statement.

Lee Gilliam, a Black Newton firefighter, filed a lawsuit against the city in June 2021, saying a superior called him a “monkey," degraded him and his fellow firefighters, made demeaning comments about Black people, and criticized him when he complained.

Gilliam, a Newton resident, began working for the city fire department in 2004. In the lawsuit, he argued that the racial imbalance in the department has fostered a hostile work environment, one where white firefighters are left free to make insensitive and degrading comments toward people of color without consequence.

In 2008, Gilliam reported that a higher ranking white firefighter "used the 'N-word' with the intent of degrading Gilliam." He said when he went to the lieutenant to express his concern, the firefighter brushed it aside, saying it was a common word, citing its use in rap music.

After the city investigated and found the lieutenant had used a racial slur, Gilliam was transferred.Then, in 2013, Gilliam was transferred from his preferred firehouse because that lieutenant was being assigned there.

"In other words, the Department uprooted Gilliam to place [the officer who] admittedly used the 'N-word' in the past in his preferred position," says the lawsuit.

In 2017, despite assurances from supervisors that he would not have to work with that lieutenant, he was assigned duties where he frequently came in contact with him.

Gilliam's lawsuit said he was overlooked the following year when he applied for a promotion, and the position was given to a white man with much less experience than him. Afterward, Gilliam discovered that the lieutenant who had used the N-word was assigned to be in charge of that group and had made the final recommendation.

When Gilliam asked the lieutenant about the decision privately, that man responded in front of the "entire firehouse" saying Gilliam "lacked intelligence." Gilliam's lawsuit accuses him of calling him a "monkey" under his breath, in front of other supervisors.

In 2012, the city dismissed a Black firefighter for calling Gilliam a "House 'N-word' and "cornbread." But, he said, the city did not take any steps to change the culture of insensitive comments at the firehouse.

Gilliam said he listened to firefighters defend the Confederate flag and insist the "situation for Blacks had progressed enough since slavery." When Gilliam complained to the chief, he said he was told it was best he transfer to another firehouse. It was the third time he was transferred and he continued to experience racial hostility.

In 2018, Gilliam contacted Director of Human Resources Karen Glasgow to report repeated acts of hostility and discrimination. As the year went on Gilliam said he found his emotional distress increasing in severity as he continued to be the subject of racial slurs, demeaning comments, and racial insensitivities. This stress eventually led to Gilliam suffering a breakdown and he was hospitalized for three weeks later that year.

In 2019, Gilliam's confidential medical information was made public by Captain D' Agostino who printed and distributed Gilliam's confidential medical records throughout the Department, according to the lawsuit. Gilliam inquired as to how the human resources department was going to handle the incident and a general order was released reprimanding Captain D’ Agostino, but no further disciplinary measures were taken.

In 2020, Gilliam submitted an Injury Report to the Department requesting "Injured on Duty Leave" for ailments caused by the discrimination he had endured. However, the request was denied.

Gilliam will receive the $1.5 million settlement from the city.

In a separate lawsuit, Edgardo J. Melendez, another firefighter in the Newton Fire Department, will receive the $65,000 settlement.

On Monday, the City Council approved settlements of $1.5 million and $65,000 reached on two separate lawsuits filed by members of the Newton Fire Department involving allegations of discrimination based on race.

Mayor Fuller said the city has taken important steps towards making city departments more inclusive through programs and trainings related to harassment, discrimination, and respect in the workplace.

"We know we have work to do, urgent work, to create, implement and nurture a more equitable and inclusive workplace,” said Fuller.

"Systemic change is essential,” she continued. "I know building an anti-biased workplace is important and I am committed to this work."