Demoted Savannah BC Alleges Race Discrimination and Retaliation

A Savannah battalion chief who was demoted to captain after he complained about race discrimination, has filed swimsuit alleging discrimination and retaliation. Jeffrey Croslen filed swimsuit in US District Court docket for the Southern District of Georgia in opposition to Metropolis of Savannah and Fireplace Chief Elzie Kitchen.

Chief Croslen claims that regardless of having an African American hearth chief for many of the previous twenty years, town has an extended historical past of discriminating in opposition to African Individuals, prompting him to have beforehand filed EEOC complaints and a lawsuit in 2014 in opposition to town. As defined within the grievance:

• The Savannah Fireplace Division has an extended and entrenched historical past of passing over certified African-American officers for top-level management positions.
• Despite the fact that the politically appointed Fireplace Chief has been black for many of the final twenty years, the enduring sample has been that white males maintain just about each different senior position at SFD.
• As of the submitting of this Criticism, 17 of the 19 higher administration positions are held by White males.
• Plaintiff Croslen is the uncommon Black officer who has damaged via the glass ceiling, making it to Battalion Chief on his fifth utility to the job in 2020.
• When he sought to advance to one among SFD’s two Assistant Chief slots, regardless of {qualifications} and credentials superior to the opposite contenders, he was denied, partially due to racial quota politics: one Assistant Chief slot was reserved for a Black, the opposite for a White.
• When Croslen made inner complaints about race driving the Assistant Chief’s promotion course of, Chief Kitchen moved to orchestrate Croslen’s dismissal and, when that effort failed, his eventual demotion, all in violation of the anti-retaliation provisions of the federal race discrimination statutes.
• On March 17, 2023, Croslen despatched an electronic mail to Chief Kitchen and Deputy Chief William Helpful alluding to a historical past of race discrimination throughout the division, Croslen’s personal position in litigating in opposition to discrimination, and his plan to open a dialogue “with town supervisor, human assets, and different companies. My intent is to make a constructive affect throughout the Metropolis.”
• Croslen’s language alludes to a possible problem to facets of SFD’s promotional system.
• Inside roughly 10 days of his electronic mail, Croslen was notified by the inner affairs division that he was underneath investigation for violating Part 21.14 of SFD’s commonplace working procedures, which directs that officers “shall not adversely criticize [SFD’s] insurance policies or the official actions of different staff within the presence of subordinates.”
• Croslen was instructed by IAD that there have been stories that Croslen acknowledged within the presence of officers underneath his command that the Assistant Fireplace Chief place “had been stolen” from him. Croslen made no such comment.
• Throughout the course of the IAD inquiry, Croslen was interviewed by investigators. Throughout the interview, he voiced criticism of an obvious use of a racial quota to pick the Assistant Fireplace Chiefs.
• On June 19, 2023, Croslen despatched Kitchen a letter by electronic mail denying that he violated SFD’s insurance policies however reiterating considerations in regards to the promotional course of and the allotment of seats to candidates primarily based on race.
• On June 26, 2023, Croslen was knowledgeable that the inner affairs investigation had decided there was no particular violation of division coverage, however in a memo from Chief Kitchen that very same day, he was directed to start counseling with SFD’s worker help program (“EAP”) and knowledgeable that if EAP really helpful additional psychological counseling, he can be mandated to obtain remedy or danger termination.
• EAP is a invaluable instrument for troubled staff, however Chief Kitchen’s order of obligatory participation is inconsistent with SFD insurance policies, which envision voluntary EAP referrals for firefighters who’ve skilled trauma on the job or who’ve exhibited indicators of misery at work.
• EAP will not be designed to punish dissenters to inner personnel insurance policies.
• On August 1, 2023, Chief Kitchen convened a discussion board for operational leaders inside SFD to debate programmatic points throughout the group.
• Kitchen suggested the attendants that they have been approved to talk freely with out repercussions.
• Throughout the discussion board, Croslen expressed that SFD had a bent to stifle dissent.
• Kitchen grew to become visibly agitated and loudly admonished Croslen that “a private assault on my management” wouldn’t be tolerated.
• On August 4, Chief Kitchen ordered Croslen to resign or face termination for “insubordination.”
• When Kitchen refused, he was suspended pending a evaluation of his termination.
• Not till October 6, 2023 did Metropolis Supervisor Joseph Melder, who’s the ultimate decision-maker relating to challenged municipal terminations, conduct a gathering in his workplace to listen to Croslen’s argument to reverse Kitchen’s suggestion. …
• Savannah’s Assistant Human Assets Director notified Croslen that he may resign or settle for a demotion to Captain.
• Croslen wouldn’t resign, and efficient December 3, 2023, Croslen was demoted to the extent of Captain and his pay was decreased by $11,215.22.
• To Croslen’s information, no different Battalion Chief has been involuntarily demoted.
• He’s conscious of 1 occasion by which a Battalion Chief disseminated confidential medical info relating to the psychological well being of a firefighter’s late spouse however confronted no disciplinary penalties.
• Croslen was denied a chance to ascend to an Assistant Fireplace Chief position as a result of one of many positions for which he utilized was not a “Black” slot.
• Then, Croslen misplaced his job as Battalion Chief as a result of he engaged in protected exercise opposing the injection of race into SFD’s promotional processes.

Chief Croslen seeks reinstatement as a battalion chief, damages and lawyer’s charges. Here’s a copy of the grievance.