A former Toledo fire recruit has sued city administrators in federal court alleging racial discrimination led to his termination.
Major Smith III was one of three black recruits in fire class 292, which had 29 graduates in May. Soon after he walked across the stage with his class, Mr. Smith was fired after failing to meet a state testing requirement.
He contends in the lawsuit, filed Dec. 21 in U.S. District Court for the Northern District of Ohio, that he was repeatedly discriminated against based on his race during his training.
He also alleges his training and test results were manipulated, and that Mayor Wade Kapszukiewicz, fire Chief Brian Byrd, and retired Chief Luis Santiago knew he was facing discrimination, the complaint shows.
The lawsuit named the city of Toledo, Mr. Kapszukiewicz, Toledo Fire and Rescue Department, Chief Byrd, and retired Chief Santiago as defendants. Mr. Smith is seeking compensatory and punitive damages, according to the lawsuit, as well as any other costs deemed appropriate at trial.
Sterling Rahe, spokesman for the fire department, said fire officials would not comment because of the pending litigation. City spokesman Ignazio Messina also declined comment on behalf of the mayor’s office, citing the pending case.
Mr. Smith was given the option to resign or be terminated after he failed multiple attempts to complete the ventilation portion of his physical test, which is a mandated state requirement. Records in his personnel file show he was given remedial training but still was not able to complete the exercise.
Mr. Smith was fired June 12 under then-Chief Santiago’s administration.
But the lawsuit alleges he was subjected to “systematic discrimination” aimed at preventing him from successfully completing his firefighter training.
“Throughout the course of his employment since December 1, 2017, plaintiff has been subjected to racial discrimination, retaliation, and harassment and has received different treatment than Caucasian employees,” the complaint states.
The lawsuit outlines specific instances of alleged discrimination, including a time he was written up for not having his suspenders on his shoulders when at least one other white recruit was given a pass for the same offense.
The lawsuit also contends he was given improper instructions on the use of a chain saw, was required to complete the ventilation test on an actual structure while white recruits were allowed to use a simulator, and was required to use a malfunctioning chain saw during the test.
“Plaintiff was repeatedly denied tutoring help and other assistance in learning prescribed firefighter skills while Caucasian recruits were provided and allowed the same type of help,” the complaint states.
Mr. Smith’s attorney, Norman Abood, declined comment Thursday.
The federal lawsuit comes after Mr. Smith filed a complaint with the U.S. Equal Employment Opportunity Commission on Sept. 18 with similar allegations of discrimination by the fire department.
On Sept. 26, the commission closed the file because it was unable to conclude that any statutes were violated, but informed Mr. Smith he had 90 days to file a lawsuit.
In July, Mr. Smith’s family and other community members gathered to call on city officials to improve the way they treat minority recruits.
Staff writer Kate Snyder contributed to this report.
First Published December 27, 2018, 7:19 p.m.
