The language of the
determination is almost exactly the same as the language of
the Letter of Determination on June 4 in which the
Commission found that the City of Toledo has also unlawfully
discriminated against Randall Fuller, another
African-American firefighter trainee, who was dismissed on
May 3, 2019.
However, while the
Commission determination is a critically important first
step for the firefighter trainees seeking redress from the
City for the unlawful dismissals, it is not the end of the
road. The Commission now recommends mediation between the
parties which would presumably lead to reinstatement and the
payment of back wages for the charging parties.
However, as past examples
have shown, mediation is not likely to happen, says Norman
Abood, an attorney who represents both Fuller and Adebisi.
The city, says Abood, has not traditionally been responsive.
Murry echoed that thought
during his press conference. “We want to try to mediate and
conciliate but the City has in the past not been
responsive.”
“It’s like talking to the
wall,” Abood says more pointedly of that lack of
responsiveness and the City’s unwillingness to come to the
table and mediate. Indeed, all the City needs to do in
response to the Commission’s finding is ultimately reinstate
Adebisi (and Fuller) and provide back pay.
When the time runs out for
the mediation – which it will 10 days after the Commission’s
findings, the firefighter’s option is to file suit, in which
case she will be seeking more than just reinstatement.
Compensation and punitive damages will be on the table in
court, says Abood, who has already filed such a suit on
Fuller’s behalf and will undoubtedly be doing on Adebisi’s
behalf.
Adebisi, says Abood, would
prefer to take the simpler route. “Her goal is not money,”
says her attorney, “it’s reinstatement.”
Adebisi was admitted to
the Fire Department’s training academy on February 27, 2019.
On August 22, as she was ready to graduate the following day
having passed “every test that [the department] had given
me,” she recalled, she was informed via a letter from Chief
Brian Byrd that “due to your overall unacceptable
performance in the academy” she was being terminated
immediately.
Attorney Abood has already
filed on behalf of his client, Randall Fuller, a case that
followed closely on the heels of another dismissed Toledo
firefighter, Major Smith III, who was terminated on June 12,
2018, because of his inability to properly cut a hole in a
roof “in a manner which assured he would fail and, at a
minimum, required him to overcome artificial obstacles not
required of any other trainee fireman,” wrote Murry in a
guest column to The Truth last year.
The Smith case also could
not be mediated because of the City’s obstinacy and is
currently in the U.S. Sixth Circuit Court of Appeals after a
summary dismissal by U.S. District Court Judge Jack Zouhary.
Court is not quite enough
for Murry. Adebisi’s representative wants heads to roll.
“In view of the Ohio
Governmental Agency Probable Cause rulings, now and
previously rendered, it is clear the Toledo Fire & Rescue
Department needs an enema of ranking officers who continue
to perform illegal acts through their behavior and
decisions,” said Murry during last week’s press conference.
“Chief Byrd should resign or be replaced; other ranking
officers known to practice racial and sexual discriminant
should be replaced or terminated immediately … I am calling
for the Mayor of Toledo to resign from office. He has failed
to act when confronted with indisputable facts, has fostered
discrimination against African Americans, levels of
discrimination in the Fire Department which have not been
seen since the 1970’s and 80’s.”
Abood is not fazed by the
upcoming court battle, noting that his clients have an
advantage now that the Ohio Civil Rights Commission has been
so detailed in its research.
“I can’t speak highly
enough about the investigation work the Civil Rights
Commission has done in these cases,” he says.
|