EMPLOYMENT DISCRIMINATION: Firefighter Union to Sue Fire District for Discrimination with EEOC

February 9, 2011

Naples, Florida – The East Naples Firefighter Union will file a complaint with the Equal Employment Opportunity Commission (EEOC) against the East Naples Fire Control and Rescue District, claiming that the district is not doing enough to investigate their discrimination complaints against the fire chief.

Union president Chris Tobin stated in a letter for the district’s Board of Commissioners that the fire officials were either “unable or unwilling” to investigate the complaints made against Chief Doug Dyer, which is a violation of its policy against work harassment.

Since the complaint is still under investigation, under Florida public records law, the fire district would not release details of the complaint through public records request. But the complaint allegedly stemmed from an off-color remark Dyer made at a retirement party in the summer of 2010 to firefighter Ray Kilmer. It was filed last December.

According to Tobin, this is a violation of the district policy against harassment, which included “such behavior as unwelcome and/or repeated flirtations, sexually offensive comments, jokes, innuendos (or) other sexually oriented language.”

East Naples fire commissioner Tom Cannon volunteered to conduct an internal investigation, since getting an external investigator could be costly, despite Tobin’s requests to seek an external investigator to avoid bias. Cannon said he was unable to complete the investigation since Kilmer refused to be interviewed.

However, Tobin said that the complainant does not have to be interviewed and that the fire board is required to fully investigate under the law. He has also said in past comments that Cannon favors Chief Dyer.