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Firefighters in L.A. face bias, U.S. probe finds

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Times Staff Writer

After investigating two new complaints of workplace mistreatment, federal officials have accused the Los Angeles Fire Department of violating civil rights laws by subjecting African American and female firefighters to a “pattern and practice” of discrimination, harassment and retaliation.

The finding by the Equal Employment Opportunity Commission, received by Fire Department officials Tuesday, could force the city to pay cash settlements to the victims and make widespread changes in the way the department tracks and investigates discrimination complaints.

The commission’s conclusions were outlined in letters written on behalf of two female firefighters. Copies were released to The Times, although the employees’ names were blacked out to protect their privacy.

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In both cases, the federal inquiry found “reasonable cause to believe that a pattern and practice of . . . harassment and retaliation exists for a class of female and black firefighters based on gender and race,” wrote Olophius E. Perry, director of the agency’s Los Angeles office.

The letters called on Fire Department officials to reach “an acceptable settlement” with the two employees. Anna Park, head regional attorney for the EEOC, said in an interview that federal law prohibited her from discussing any investigations. Speaking generally, however, she said that if a city refused to cooperate or comply with a directive to reform, her agency would forward the case to the U.S. Justice Department for possible legal action.

The finding is sure to increase pressure on Los Angeles Mayor Antonio Villaraigosa and his appointees to institute reforms.

During the last year, the 3,900-member department -- celebrated in films and on television -- has been roiled by allegations of unchecked racism, discrimination and harassment that have cost taxpayers more than $13 million in legal settlements.

Only last week, city officials agreed to pay $1.5 million to settle a discrimination and retaliation lawsuit by a black firefighter whose colleagues spiked his spaghetti with dog food at a firehouse dinner in 2004. The case involving Firefighter Tennie Pierce sparked a heated controversy that led Villaraigosa to push longtime Fire Chief William Bamattre into early retirement.

On Tuesday, newly appointed Fire Chief Douglas L. Barry issued a statement saying the department was working to overhaul its discipline system and establish a Professional Standards Division.

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“This will place the department in a more effective position to address work environment issues,” Barry said.

Villaraigosa spokesman Matt Szabo said the mayor “understands the department was in need of reform, and those reforms are well underway, starting with an aggressive new fire chief and progressive Fire Commission.”

Through a spokesman, City Atty. Rocky Delgadillo also said officials were “committed to reform” of the Fire Department.

“My office intends to cooperate fully with the EEOC,” Delgadillo said. “I believe that everything must be on the table, up to and including a new consent decree if appropriate.”

One other city agency, the Los Angeles Police Department, is already operating under a consent decree, required reforms that federal officials imposed after several excessive-force scandals.

Pierce’s lawyer, Genie Harrison, said Tuesday that she planned to file a federal employment commission claim against the department on behalf of another firefighter, Capt. Alicia Mathis, who alleges that officials retaliated against her after she went public with a harassment complaint.

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A 27-year department veteran who is white, Mathis alleged last year that she and other females were subjected to sexually explicit remarks, unwanted touching and excessive training designed to run them out of the department.

“We’re going to combine our efforts with the EEOC,” Harrison said.

For the last year, records show, the federal agency has been probing allegations on behalf of the two female firefighters and others who alleged they suffered unfair discipline and retaliation after complaining of discrimination and harassment.

One of the two, an African American, told investigators that she had been denied transfer requests and promotions because of her race and gender, according to her attorney.

“Her complaint was one that exemplifies what has happened to many firefighters,” said attorney Nana Gyamfi.

Jerry Thomas, a veteran captain who retired in June, said he met for three hours last month with one federal investigator and confirmed that the department had failed to take up a complaint he had written on behalf of two female firefighters. One was Latina, he said, and the other was black.

“It was blatant racism,” Thomas said. “They buried it.”

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robert.lopez@latimes.com

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