The plaintiff, a former fire fighter for the City of Providence from 1992 until June 30, 1995, filed a complaint with five counts. These counts accused the creation of a hostile work environment under R. I. Gen. Law 28-5-24.1 (Rhode Island Fair Employment Practices Act) and disparate treatment. Additionally, she claimed that her equal rights had been violated and sought damages under 42 U.S.C. 1983.
According to the case details, prior to 1990, there were no female firefighters employed by the City of Providence Fire Department. In January 1992, along with 77 male trainees, the plaintiff and six other women who passed a written examination successfully enrolled in the City’s firefighter six-month training program.
While in the fire academy and during her early years as a firefighter, O’Rourke faced slander and sexual harassment. In order to address this, she chose to take legal action by submitting a discrimination charge with the Rhode Island Commission of Human Rights and the U.S. Equal Employment Opportunity Commission on July 10, 1995. She also received a notice stating her right to sue. Moreover, O’Rourke went ahead and filed a complaint against the City in federal court on June 30, 1995, which was later modified on July 17, 1995.
O’Rourke provided evidence of harassment during her time at the fire department, including incidents during her training in 1992, while working in the Chief’s office later that year, during her one-year assignment at Engine 5 in 1993, and throughout her seven-month stint at Engine 13 in 1994. However, the court found insufficient evidence to prove intentional discrimination by either the City or individual defendants on O’Rourke’s §1983 claims.
The court dismissed O’Rourke’s Title VII disparate impact claims on the grounds of them being duplicative of her hostile work environment sexual harassment claim. Additionally, the jury awarded O’Rourke a sum of $275,000 in damages. As for policy, no new policy was enacted; the complaints made by O’Rourke were based on previous policies that had been violated. In my opinion, the correct ruling was issued. Discrimination against anyone, particularly a fellow firefighter, is unjust. The ruling was just and should serve as a reminder to refrain from engaging in such actions in the future. Every firefighter, who puts their life at risk, deserves respect from their colleagues regardless of any circumstances.
