PITTSFIELD, Mass. — A firefighter claims he was denied promotion for missing too much work in order to meet his obligations as a Navy reservist.
In the lawsuit filed Wednesday against the city of Pittsfield, Firefighter Jeffrey Rawson said he was passed over for promotion to lieutenant two years ago in favor of another firefighter who scored lower on the promotion test.
The complaint was filed with the backing of the U.S. Justice Department.
In November 2009, Firefighter Rawson took the promotional exam for a lieutenant position.
Based on the results, he was ranked second on the promotional list. But the following July, Firefighter Rawson said that he was being skipped for promotion and that a firefighter who was ranked lower on the promotional list was being promoted to lieutenant instead.
The suit seeks to provide Firefighter Rawson with a retroactive promotion to lieutenant ahead of the lower-ranked firefighter who was promoted, the lost wages and benefits that he would have enjoyed if he had not been passed over for promotion and liquidated damages.
It claims Firefighter Rawson’s superiors showed “hostility” toward his military obligations and, in a letter explaining the city’s decision, cited absenteeism from 2007 to 2009 as justification for not promoting him, according to The Associated Press.
The Uniformed Services Employment and Reemployment Rights Act of 1994 prohibits civilian employers from discriminating against military reservists such as
Firefighter Rawson with respect to civilian employment opportunities, including promotions, based on their past, current or future uniformed service obligations, according to the U.S. Justice Department.
“No servicemember should be prevented from advancing in his or her civil career because of military duties,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The Civil Rights Division is committed to protecting the rights of those who, through their bravery and sacrifice, secure the rights of all Americans.”
“Our service men and women make the ultimate sacrifice by serving our country,” said Carmen M. Ortiz, U.S. Attorney for the District of Massachusetts."We simply cannot let employers disadvantage them based on their military service or military status.”