TOLEDO (WTOL) - A former Toledo fire recruit is alleging racial discrimination led to his termination and is suing the city of Toledo, Mayor Wade Kapszukiewicz and the Toledo Fire and Rescue Department.
Major Smith III, who is black, asserts in a federal lawsuit that based on his race, he was repeatedly discriminated against during training.
Smith made it to graduation with his fire class in May, but was fired later after he didn't meet a state test requirement.
Fire Chief Brian Byrd and former Chief Luis Santiago are also named in the suit, and Smith claims that they knew he was being discriminated against.
The Equal Employment Opportunity Commission issued Smith a “right to sue” letter on Sept. 26.
He has been awarded unemployment compensation based upon a finding that he was discharged without just cause by the Ohio Department of Jobs and Family Services.
City and fire officials are not commenting on the pending litigation.
Smith's case, in U.S. District Court, Northern District of Ohio, claims he underwent:
- improper instruction unique to him
- department misrepresentation and manipulation of his training and test results
- discriminatory testing
Smith also asserts a cover-up of material and discriminatory deficiencies in his training and testing protocols by Byrd and Kapszukiewicz.
Smith was in Toledo Fire Rescue and Recruit Academy until June 12, until he said he was “unjustifiably discharged.”
He claims it was “falsely represented that he failed his agility tests” and he said he had one of the highest scores in his class
The lawsuit also says that Smith “was written up when other Caucasian recruits in the same circumstance were not written up.”
Among the allegations, Smith said he was:
- Written up for not having suspenders on his shoulders, say when it happened with a Caucasian, it was treated like a “laughing matter.”
- Disciplined for studying instead after finishing designated duties (chores) because he wasn’t helping other recruits finish their assigned task.
- Denied tutoring help while Caucasian recruits were provided and allowed the help.
- Given “pretextual excuses” for why he was denied the help.
According to minutes from the Toledo Civil Service Commission in June, Smith sought to appeal his termination. After a discussion, the request for an appearance to appeal his firing was denied by the commission because Civil Service Rule 80.08 states “no probationary employee has a right of appeal.”
