By Ned Oliver
The Berkshire Eagle
PITTSFIELD, Mass. — A Pittsfield firefighter who says he was passed over for a promotion because of work he missed while serving as a Navy Reservist will receive $22,000 in back pay and a boost in rank as part of a settlement with the city reached Monday.
The agreement follows a lawsuit filed by the U.S. Justice Department in November alleging employment discrimination against Jeffrey Rawson, who says he was told by Fire Chief Robert Czerwinski that he had to choose between his work for the fire department and his service in the Navy.
Rawson, who will become a lieutenant under the terms of the settlement, says the decision comes as a relief and he bears no ill will toward the city or any of his co-workers.
“I’m glad the city finally did what they should have done in the beginning, and I just hope no one else has to go through this in the future and that things are done correctly from the beginning -- that’s my hope in this entire issue,” said Rawson, 52, of Washington.
It’s a violation of federal law for civilian employers to discriminate against members of the military with regard to employment opportunities — including promotions — based on their service in the armed forces.
According to the suit, Rawson, a Navy chief petty officer, was denied the promotion in September 2010 in favor of another firefighter who scored lower on the promotion test. The suit says that during the interview, Czer winski asked Rawson whether he had any upcoming military duty, and in a letter Rawson received from the city explaining the decision, his time off for military service was cited as justification.
Monday’s settlement does not require the city to acknowledge any wrongdoing. It does, however, require Czer winski and his officers to undergo training in federal employment laws.
Czerwinski had no comment Monday, saying he was unable to discuss personnel matters. Mayor Daniel L. Bianchi also had no comment, but he noted that the suit was brought a year prior to the mayor taking office this January.
Former Mayor James M. Ruberto was not immediately reachable for comment. He declined to discuss the matter when contacted after the suit was first filed.
Employment discrimination cases against members of the armed forces are not common, according to the justice department, which handled 12 such cases in fiscal year 2011 and five in fiscal year 2010. There have been seven cases so far this fiscal year, which ends June 30.
U.S. Attorney Carmen M. Oritz, who handled the case for the justice department, said the case represents a victory on behalf of the rights of servicemen and women.
“Employers face incredible challenges when an employee leaves his position temporarily to serve our country,” Oritz said in a statement. “However, our service members endure much greater challenges to protect our precious freedom.”
Tim Bartini, the president of Firefighters Association Local 2647, which represents city firefighters, said the outcome is welcome news. But he said it was a bittersweet victory be cause it means the firefighter originally promoted to lieutenant instead of Rawson will be demoted back to firefighter. Bartini said that that firefighter, Clayton Gunn, understands the situation and will be first in line for the next opening.
“I know the guys don’t have a problem with it,” Bartini said. “If I was in his shoes, I’d do the same thing — I’d definitely be pushing it as far as it could go, and it’s a shame it had to go this far.”
There are 13 lieutenants in the department, according to Bartini. During their shifts, lieutenants are in charge of the substations to which they are assigned.
According to the terms of the settlement, the promotion must come within the next 10 business days, along with the back pay, which covers the earnings Rawson would have received had he initially received his promotion.
Rawson said he is still enlisted as a Navy Reservist, enjoys serving his country and expects future deployments. He said that shouldn’t bar him from having a career in the Berkshires.
“I really appreciate everyone that supported me throughout this,” Rawson said. “There was absolutely only one individual that I had a problem with. This was not the city of Pittsfield as a whole — not by a long shot.”
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