ILNews

Judge: IFD discrimination suit can go to trial

Michael W. Hoskins
January 1, 2007
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A federal district judge is allowing a sexual discrimination suit against an Indianapolis Fire Department chief to proceed to trial.

U.S. District Judge Sarah Evans Barker in Indianapolis issued an order Tuesday in Morrison v. Indianapolis Fire Department Chief James Greeson, denying the chief's motion for summary judgment.

Filed in January 2006, the suit comes from what 10-year department veteran Ruth Morrison, a fire captain, describes as routine and repeated discrimination because she is female, including her not getting a promotion to chief in 2005. She accuses Greeson and the department of making her follow an order of hygiene and personal appearance when male employees are not required to do so, for reprimanding her for following similar practices that others use and don't get in trouble for, and for changing promotion procedure to adversely affect her application. Morrison wants a jury trial, compensation and damages, and promotion to chief with retroactive pay to December 2005.

In her 39-page order, Judge Barker points to several incidents that are later summed up as "serious and disturbing mistreatment alleged by Morrison."

Those include a "hair grooming incident" where Morrison was reprimanded in front of her crew for not pulling back her hair into a ponytail; the "missing radio incident" where she was reprimanded for a radio that went missing while she was on vacation; a "fuel run incident" where she was punished for sending a lone engineer to get fuel as her male counterparts often do without trouble; and several allegations of discrimination and retaliations involving the chain of command.

"Morrison has provided more than enough evidence of a hostile work environment at the IFD to withstand Greeson's motion for summary judgment," Judge Barker wrote. "The discriminatory treatment Morrison alleges is frequent and substantially severe and could certainly be understood to alter the conditions of her employment. Morrison has clearly met her burden here and has the right to present her hostile work environment claim at trial."

While neither party devoted much space in briefings to the failure to promote claim, and little caselaw is offered by the parties, Judge Baker cited the overall evidence presented as sufficient to allow it to go forward despite it being "far from watertight."
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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

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  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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