A former Toledo Fire recruit who is suing the city for discrimination dropped the Toledo Fire and Rescue Department from his lawsuit Monday.
Major Smith, III, filed the suit in June after he was terminated. He initially sued the city and the department, but his representation filed a partial dismissal in U.S. District Court to drop the department from the case.
A city law department employee said the city is a legal entity — not the department.
Mr. Smith, who is black, failed multiple attempts to complete the ventilation portion of his physical test — a mandated state requirement — after he was given remedial training, according to records in his personnel file.
Since he did not meet the testing requirement, Mr. Smith was given the option to resign or be terminated. The recruit was terminated under then-Chief Luis Santiago's administration.
Mr. Smith alleges he was forced to meet higher training requirements than his white counterparts.
First Published August 26, 2019, 10:24 p.m.
