On July 18, 2003, a black firefighter filed a lawsuit under Title VII, 42 U.S.C. § 2000e, et seq. ("Title VII"), the Americans With Disabilities Act of 1990, 42 U.S.C. §12101, et seq., and various state laws in the U.S. District Court for the Eastern District of Missouri against Pattonville- ...
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On July 18, 2003, a black firefighter filed a lawsuit under Title VII, 42 U.S.C. § 2000e, et seq. ("Title VII"), the Americans With Disabilities Act of 1990, 42 U.S.C. §12101, et seq., and various state laws in the U.S. District Court for the Eastern District of Missouri against Pattonville-Bridgeton Fire Protection. The plaintiff sought injunctive and compensatory damages, alleging that the defendant had violated Title VII by discriminating against him on the basis of his race, in retaliation for attempting to file a workers' compensation claim and a charge of discrimination, and had violated the ADA by discriminating on the basis of his disability, which is never explicitly mentioned.
The complaint alleges that the Pattonville-Bridgeton Fire Protection discriminated on the basis of race and disability by: (1) subjecting him to unwanted and unwarranted racial epithets, remarks and comments; (2) vandalizing his car with the word "nigger" scratched in the driver's door; (3) causing severe emotional and mental distress; (4) retaliating for being injured on the job and attempting to file a workers' compensation claim; and (5) retaliating for filing a charge of discrimination.
The plaintiff asked the court to award compensatory damages by providing appropriate back pay, attorney fees, liquidated damages as a result of the violation of Title VII, and benefits of his reinstated position. In addition, the plaintiff alleged that the International Association of Fire Fighters ("IAFF") breached its contract by not providing adequate representation and support during the dispute with defendant employer. The plaintiff asked the court to award compensatory damages and injunctive relief by ordering IAFF to accommodate plaintiff and make him whole for any and all losses or damages suffered as a result of IAFF's unlawful employment practices.
The United States of America ("U.S.A.") sought to intervene as plaintiffs on June 2, 2004. In the Complaint in Intervention, the U.S.A. sought relief under Title VII for race discrimination, asking the court to enjoin the Pattonville-Bridgeton Fire Protection to provide sufficient remedial relief and adopt a racial harassment policy, and award compensatory damages to the plaintiff On August 16, 2005, the Eastern District of Missouri (Judge E. Richard Webber) entered a consent decree that: (1) enjoined Pattonville-Bridgeton Fire Protection from violating Title VII on the basis of race; (2) enjoined Pattonville-Bridgeton Fire Protection from retaliating against any person that has engaged in practices protected under Title VII; (3) ordered Pattonville-Bridgeton Fire Protection to amend its written policies and procedures that prohibit discrimination on the basis of race; (4) ordered Pattonville-Bridgeton Fire Protection to provide live mandatory training regarding Title VII's prohibition against discrimination based on race; (5) ordered Pattonville-Bridgeton Fire Protection to pay the plaintiff $55,000.00; and (6) ordered Pattonville-Bridgeton Fire Protection to reinstate the plaintiff to his position as a firefighter.
The decree has since been dissolved and the action had been dismissed without further order of the court.Erin Forman - 10/21/2007