Chief’s Wife Sues Fire District For Discrimination

The wife of EG Fire Chief Peter Henrikson has filed suit against the Fire District, former Fire Chief John McKenna and the fire fighters union, arguing that she was discriminated against when she was not offered a fire fighter’s position in 2009.

Kristen Henrikson is chief administrative clerk for the Fire District and reports to the Fire Commissioners, an elected body. She has worked for the district for 14 years.

“The suit was initiated before her husband became chief,” said Bill Conley, the lawyer representing Henrikson.

Chief Henrikson said only, “It’s an issue between her and the Fire District.”

According to the complaint, which was filed in federal District Court Aug. 23, former Chief McKenna had posted the job of fire marshal to all Fire District personnel in December 2008. Henrikson applied for and was offered the job, based on successful completion of the courses necessary as per any recruit.

According to the complaint, the job of fire marshal requires that the person be a qualified fire fighter. After Henrikson began training for the fire marshal job, she told McKenna that she would prefer to be a fire fighter. The fire marshal job was posted again and Henrikson continued to train as a fire fighter.

In May 2009, McKenna told Henrikson that one of the district’s fire fighter recruits was going to be let go and that he intended to call the next person on the new recruits list. At that time, Henrikson had two weeks until she would be finished with EMT class. She asked McKenna to wait to fill the position for those two weeks, according to the complaint.

A day later, McKenna told Henrikson that the Fire District’s legal counsel had told him to wait the two weeks and that Henrikson could apply for the fire fighter position at that time. Within 48 hours, however, according to the complaint, the Fire Commissioners voted to move ahead with the hiring process and pick the next name on the new recruit list.

In June 2009, two union representatives - Mark Collins and Bill Purcell - met with Henrikson and told her that they wanted her to go through the union rather than the chief with regard to vacant positions. In addition, according to the complaint, Collins said the union did not think she meet the qualifications for the position.

The complaint also stated that Collins said Henrikson must “complete the written test, perform the ladder climb and swim test and participate in the oral board examination to be qualified for the position” - a process that all new hires to the district must undergo. However, Henrikson is not a “new hire” and so the lawsuit claims that she should not be subject to new hire regulations.

When Henrikson asked to be placed on the new hire list in July, McKenna said no, telling her she must complete the same requirements as a new hire. She then filed a grievance with the union. The Fire Commissioners weighed in during a November meeting, voting against Henrikson’s transfer to a fire fighter position.

The complaint adds that currently there are no female fire fighters in the district.

Henrikson filed a complaint with the state Commission of Human Rights in March 2010. In March 2011, the commission determined there was no probable cause existed to believe that the Fire District had violated state and federal anti-discrimination laws.

Conley, Henrikson’s lawyer, said that although mediation was possible through the commision, “it did not seem there was any interest on the part of the district in the mediation process.”

Henrikson is seeking a fire fighter job and back pay. She did not return phone calls. Scott Spear, the Fire District’s lawyer, refused to comment, as did Doug Axelson, chair of the Fire Commissioners.