Battalion Chiefs File Charges Against Fairfax Co. Fire Department

The Fairfax County Fire and Rescue Department is facing more scrutiny for allegations about harassment in the workplace. The American Civil Liberties Union and Battalion Chiefs Kathleen Stanley and Cheri Zosh have filed Equal Employment Opportunity Commission charges against the Fairfax County Fire and Rescue Department for sex discrimination and retaliation.

The charges argue claim the department retaliated against Stanley and Zosh, its highest ranking female members. Stanley alleges that she experienced retaliation when she served as women’s program officer, a role she resigned from earlier this year. In her resignation letter, she makes allegations about how the work environment hasn't improved for women after firefighter Nicole Mittendorff's suicide in 2016.

Stanley's resignation renewed backlash how the department handles sexual harassment in the workplace. The issue had been first brought to light after Mittendorff's suicide after she'd been reportedly cyber-bullied by other firefighters. Stanley, who had been appointed women's program officer after Mittendorff died, claimed department leadership "tolerates, and often defends, sexual harassment, retaliation and a hostile work environment," making her duty of improving the workplace for women difficult. She had previously settled a sex discrimination complaint against the department alleging multiple biased practices.

"I’ve devoted my career to the FRD, and want to leave it better for women than I found it 27 years ago,” said Stanley in a statement. "The department appointed me to a position where I was supposed to be a voice for the female members. Now that they’ve tried to silence me, I feel an obligation to keep speaking out and demand that these behaviors stop." (For more information on this and other neighborhood stories, subscribe to Patch to receive daily newsletters and breaking news alerts. If you have an iPhone, click here to get the free Patch iPhone app; download the free Patch Android app here.)

Zosh is claiming the department retaliated after she reported a station captain for allegedly touching and making sexual comments to firefighter Magaly Hernandez. Zosh and Hernandez both filed lawsuits, but both were dismissed. However, a court reversed the decision, allowing Hernandez's suit to go forward. The case was settled in April. In the new ACLU case, Zosh says she was denied a promotion, scrutinized, threatened with unfounded discipline, and denied proper staffing in her units in retaliation for the lawsuit.

The ACLU is claiming the fire and rescue department violated Title VII of the Civil Rights Act of 1964, "which prohibits sex discrimination in employment and retaliation against those who oppose such conduct."

“At the highest levels, the FRD has sent the message that it doesn’t want to hear about the well-being of its female members," said Gillian Thomas, an ACLU attorney. "If the highest-achieving women in the FRD are hung out to dry when they raise concerns, what kind of message does that send to the rest of the women of Fairfax?"

The Fairfax County Fire and Rescue Department responded in a statement to WTOP, "Fairfax County takes these complaints very seriously. Any newly identified issues within the Fire and Rescue Department will be immediately and thoroughly investigated by the county and in cooperation with the EEOC. The leadership of Fairfax County is committed to a workplace free of harassment, bullying, retaliation and any actions that contribute to an unhealthy work environment."

Stanley's allegations prompted Fairfax County to launch an internal investigation. The report ultimately defended the department's efforts to stop bullying and sexual harassment. The report addressed the allegations, point by point, and David Rohrer, the deputy county executive for public safety met with Stanley in February to hear her concerns. The county is also weighing recommendations from 10 working groups that examined the fire department's organizational climate.

Part of that organizational change could be driven by the new fire chief. The county is in the midst of hiring a new chief after Fairfax County Fire Chief Richard Bowers announced his retirement in February. Applications are being accepted through May, and the position should be filled by early summer.

SEE ALSO:

• Battalion Chief Resigns Over Unchanging Harassment Policies
• Widower Of Bullied Firefighter Demands Fire Chief's Resignation
• Fairfax County Says It's Stopping Bullying In Fire Department
• Interim Fire Chief Named For Fairfax County

Image via Fairfax County