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Crime & Safety

Two Employees Sue Fire District for Alleged Discrimination

Filed against the Mehlville Fire Protection District May 20, the lawsuits are seeking up to $1 million in punitive damages.

The Mehlville Fire Protection District is facing a pair of civil suits seeking up to $1 million in punitive damages after two of its employees filed charges of discrimination in St. Louis County Circuit Court May 20.

Mehlville fire district covers a good portion of Sunset Hills, and is building a new fire house across the street from Lindbergh High School.

The suits were filed by firefighter/EMT Kenneth Robinson, employed by the district since 2005, and firefighter/paramedic Tina Mecey, employed since 2007. The allegations both revolve around instances where the employees believe they were unnecessarily placed on leave and forced to use accumulated sick time. 

Robinson and Mecey are represented by Rick Barry, a lawyer for Mehlville Local 1889 of the International Fire Fighters Association. According to Barry, Robinson and Mecey are both union members. 

"My experience with the district is that they have little or no interest in negotiating disputes and they ignore attempts to do so," Barry said, explaining why a lawsuit was necessary. 

MFPD Board of Directors Chairman Aaron Hilmer called the suits "baseless and frivolous," and Fire Chief Tim White said the department deals equally with all its employees. 

"I can simply say that I personally wouldn't have it any other way... all employees are treated on a level and fair playing field," White said. "There is no special dispensation for any individual in the scope of employment unless defined otherwise by law."

Hilmer, who  as chairman in April, said the lawsuits were just the latest in a string of legal action against the district. He estimated there have been nearly 30 lawsuits and Equal Employment Opportunity complaints lodged since he first took over in 2005. 

"I have seen so many of these come and go, I honestly don't pay attention to them," he said. 

Details of the allegations

Robinson's suit alleges that he was discriminated against for having a perceived disability after he failed to pass two fit-for-duty tests administered by the district, once in early 2009 and again in April 2010. Barry said that since the tests were implemented after Robinson already had several years of service, they are "arbitrary, capricious and unreasonable."

"Before this test was created by the district, there was no indication that he was unable to perform the duties of his job," Barry said. "What he can't do is pass the test."

Robinson, who court documents state is more than 40 years old, is also suing for age discrimination and retaliation, filing a charge of discrimination with the Missouri Human Rights Act. 

Mecey's suit alleges discrimination on the basis of gender, regarding her as disabled because she was pregnant and retaliation for reporting gender discrimination. 

According to the suit, Mecey was placed on administrative leave in September 2010 after she expressed concerns about taking a physical agility test since she was pregnant. She then received a release from the district's human resources department to be completed by her physician so she could return to work. 

The suit states that the release was mostly concerned with Mecey's firefighting duties, not the paramedic role she more frequently fills. Her physician refused to sign the release and instead gave Mecey a note stating she could work without restrictions if she was assigned to an ambulance. 

Barry said the district then did not show any interest in helping accommodate Mecey, but instead put her on pregnancy leave 11 weeks into her pregnancy. The suit states that there were males in the department who failed the physical agility test but were allowed to return to work with a doctor's statement. 

"They appear to have a history of accommodating male employees, but she was not accommodated," Barry said. 

Hilmer defends the district

Hilmer said the district's attorney will file a response to each set of allegations. In Robinson's case, he said the fit-for-duty test is far from unreasonable. 

He pointed out that out of 100 employees who took the fit-for-duty test, four failed, including Robinson. Since then, Hilmer said the other three have retaken the test and passed, something Robinson is welcome to do. 

"He is the only who can't pass the test, and he still has the opportunity to pass it," Hilmer said.

Hilmer said Robinson is still employed by the district and still receiving paychecks because he has "at least" six months of accumulated sick leave left. 

Concerning Mecey, Hilmer said she was hired as a firefighter/paramedic and she needs to be able to do the duties of both job titles. However, he said Mecey is also still an employee of the district and, although she has exhausted her sick leave, she has a job waiting for her when she is ready to return. 

"They wanted us as the employer to change how we run our business to accommodate her," Hilmer said, adding that she is not the only pregnant employee the district deals with. "We have another female through the same process and she does not have a problem."

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