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Female firefighter not discriminated against

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The Indianapolis Fire Department didn't discriminate against a short female firefighter when it ordered her to be psychologically evaluated or perform driving tests, the 7th Circuit Court of Appeals affirmed today. The Circuit Court found the department had a compelling interest in assuring she was both physically and mentally fit to perform her duties.

In Tonya Coffman v. Indianapolis Fire Department, et al., No. 08-1642, Tonya Coffman alleged the Indianapolis Fire Department discriminated against her because of her gender, violated the Americans with Disabilities Act by requiring her to have psychological examinations, and violated her due process rights under the 14th Amendment.

Coffman, who is barely 5 feet tall, was asked to take safety evaluations of her driving and EMS skills after some firefighters were concerned that she wasn't able to safely see over the steering wheel and reach the pedals. Around that time, Coffman became more withdrawn and defensive; because of two recent suicides by firefighters, Coffman's supervisors worried about her mental state and had her psychologically evaluated. During this time, she was moved from active duty to light-duty status, and then back to active duty.

Following the evaluations, Coffman filed suit. The District Court granted summary judgment in favor of IFD on all of her federal claims.

Coffman claimed IFD discriminated against her because she is a short female. The 7th Circuit Court acknowledged it hadn't yet decided whether it recognizes the "sex plus" theory of discrimination, which hinges on disparate treatment based on sex in conjunction with another characteristic. But the Circuit Court declined to rule on the matter because Coffman failed to develop her "sex plus" argument, wrote Judge Ilana Rovner. She also failed under the argument that the defendants took an adverse employment action at least in part on account of sex. She also didn't link her treatment, either through circumstantial or direct evidence, with the fact that she is female.

The Circuit Court didn't find her job criticism, performance evaluations, and psychological evaluations amounted to gender harassment that created a hostile working environment. While the exams were unpleasant, they were not demeaning, degrading, or hostile, wrote the judge.

The IFD didn't violate the ADA when having her undergo psychological examinations because the decision to refer her for fitness of duty evaluations took place shortly after two other firefighters committed suicide. Many firefighters said Coffman didn't seem like herself, and she became guarded over time. Her supervisors were concerned she was exhibiting signs of depression.

"Although a psychological evaluation in response to 'withdrawn' and 'defensive' behavior might not be job-related in many vocations, we do not second-guess the propriety of such an evaluation for a firefighter," she wrote. "The Department has an obligation to the public to ensure that its workforce is both mentally and physically capable of performing what is doubtless mentally and physically demanding work."

The Circuit Court also affirmed IFD didn't violate Coffman's substantive and procedural due process rights by disclosing her medical records and failing to hold a hearing before suspending her from regular firefighting duties.

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  1. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

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  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

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