Former fire marshal files suit against department in Calif.

She said she was passed up for promotion because of her gender and targeted when she was the only person from the department to be laid off
 

By Linh Tat
The Oakland Tribune via The Contra Costa Times


UNION CITY, Calif. — The city has been slapped with a $500,000 lawsuit by a former employee claiming gender discrimination, unlawful retaliation and wrongful termination.
Laura Mapes, who worked for the fire department for nine years, filed a suit this month in which she stated she was passed up for a promotion because of her gender and, subsequently, was targeted when she became the only person from the fire department to be laid off because of budget cuts.
The complaint accuses former Fire Chief Carlos Rodriguez who will retire from the department on Aug. 13 of discrimination and retaliation. The suit also identified Rich Digre, administrative services director, and Tony Acosta, the deputy city manager, of failing to investigate complaints that Mapes had lodged against the fire chief, among other claims.
Rodriguez, Acosta and City Manager Larry Cheeves would not comment on the suit, citing ongoing litigation. A message to Digre was not returned.
In April 2007, Rodriguez asked Mapes, who was then the fire marshal responsible for signing off on building safety inspections, to verbally confirm that the new modular building at Fire Station No. 1 was safe, despite improper installation of fire protection equipment, according to the suit.
Mapes e-mailed the chief, as well as Digre and Acosta, with her concerns that Rodriguez wanted her to "falsify information," but no investigation followed, the suit stated.
Later that year, Mapes applied for a position as assistant fire chief. The job description stated that the applicant should hold a bachelor's degree and have substantial municipal fire service experience, including at least four years as a battalion chief or higher rank.
Mapes had a bachelor's degree and had been fire marshal for seven years, but the job went to a man a few months away from earning his bachelor's degree in fire administration.
Although the fire chief did not announce his selection until after interviewing Mapes, when the memo went out to the staff, it was dated one day before Mapes' interview, according to the lawsuit, which stated that "Rodriguez's memo proves that he never intended to give (Mapes) a fair chance."
Mapes filed a complaint of gender discrimination with the Equal Employment Opportunity Commission in January 2008. In April 2009, she was told that she would be laid off the following fiscal year due to financial constraints.
During that period, Mapes learned that money from the Certified Unified Program Agency program, or CUPA, was being funneled into the general fund and notified Rodriguez that state law required the money be used only for CUPA activities, such as overseeing hazardous waste programs.
In Union City's case, the funds were allocated toward paying for two male hazardous materials inspectors and a vacant administrative assistant position, and leftover CUPA dollars which could have paid for part of Mapes' salary since she managed the program were rolled into the general fund instead.
Even after questions were brought to his attention, the fire chief did not look into whether the dollars were being spent properly or if money from that account could be used to save Mapes' position, the suit said.
Mapes believes she lost her job as a direct result of having filed discrimination complaints with the Equal Employment Opportunity Commission and for complaining about misappropriation of CUPA funds, according to the suit.
The former employee is seeking $500,000 in damages, plus attorney fees.