FEDS FIND EVIDENCE LAFD VIOLATES RIGHTS OF ITS WOMEN, BLACKS.

Byline: KERRY CAVANAUGH and BETH BARRETT

Staff Writers

In a decision that will bring federal oversight of the embattled Los Angeles Fire Department, investigators for a national agency said Tuesday that the LAFD has violated civil-rights laws by allowing harassment of female and African-American firefighters.

The decision by the U.S. Equal Employment Opportunity Commission stems from at least two complaints filed by female firefighters who said they were treated unfairly on the job, then suffered retaliation after they complained.

But as the agency looked into the incidents, investigators said they found evidence of broader problems in the department.

"The commission further finds reasonable cause to believe that a pattern and practice of different terms and conditions of employment, harassment and retaliation exists for a class of female and black firefighters based on gender and race," EEOC Los Angeles District Director Olophius E. Perry wrote.

Commission officials would not comment on the LAFD, but their decision now triggers settlement discussions between city government and attorneys for the firefighters who filed claims.

If an agreement cannot be reached, the commission could pass the case to the Department of Justice for prosecution. And such a move could result in a court-ordered consent decree aimed at improving working conditions for minorities and women.

It would be the second for the department and would come just several years after the lifting of a decree, in force for nearly 30 years, that required the LAFD to hire and retain women and minorities.

But officials with the Mayor's Office vowed Tuesday that LAFD Chief Douglas Barry and the department will work with the commission to fix the problems and avert referral of the cases to the U.S. attorney general.

Barry, who presented an update on the department's human-relations training and discipline system Tuesday, said he would review the EEOC decision and seek more information.

"The Fire Department takes this and all workplace environment issues seriously. It has been and remains our goal to maintain an atmosphere that is conducive to professional development for our members," the chief said in a written statement.

City Attorney Rocky Delgadillo said city government is committed to reforming the Fire Department.

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

The EEOC decision comes as the LAFD is attempting to resolve long-standing complaints of harassment, hazing and retaliation within the department.

More than two years ago, the Daily News first reported that the LAFD had disciplined nearly a dozen employees for creating a "hostile work environment" for women and minority co-workers.

An audit in 2006 by City Controller Laura Chick further highlighted the problems faced by some women, minorities and rookie firefighters.

Amid a growing number of high-profile discrimination lawsuits, former LAFD Chief William Bamattre was forced to retire early after critics said he failed to reform the department.

His replacement, Barry, pledged to enforce a zero-tolerance policy on bad behavior.

But in recent months, the LAFD has been under scrutiny again as settlements and judgments for firefighters claiming discrimination and harassment have mounted. They have topped $16 million since 2005.

On Tuesday, the City Council finalized a $1.43 million deal in the controversial case of Tennie Pierce, a black firefighter who sued for discrimination and retaliation after his colleagues mixed dog food into his spaghetti.

Pierce also will get $60,000 in back pay so he can receive his 20-year pension.

While the problems have continued to plague the department, the EEOC decision now ratchets up the urgency for reform.

Capt. Alicia Mathis had threatened to file a class-action lawsuit against the department for failing to protect women and minorities on the job. Now she said she plans to file a retaliation complaint with the EEOC.

"This is an amazing profession, and women need to be confident that there is opportunity for them in the Los Angeles Fire Department," Mathis said. "A consent decree is necessary to communicate this message and to bring about lasting change."

Union leaders reiterated that bad behavior is not rampant among firefighters and said they hope city and EEOC officials can resolve LAFD issues soon.

"The EEOC stepping in at this level -- I don't see that as a negative," said Jon McDuffie, vice president of United Firefighters of Los Angeles City.

"The EEOC -- that's their job to help us resolve these issues at the lower level, and the Fire Department is telling us they're dedicated to resolving (these) issues quickly."

But others believe that the LAFD will keep having problems unless city and department leaders force fundamental cultural changes to make the workplace more inviting to minorities and women.

"The hope is that it is more than one of those 'Oh, my God' reactions (to the EEOC decision), that there is a thoughtful response and a response that is really meaningful," said Abby Liebman, a consultant hired by the firefighters union last year to evaluate the department's discrimination response.

"There's a real need to appreciate that it's very difficult to transition from a male-dominated profession, and one that has never before really had to integrate, and to recognize that women are just as capable (of) serving in our fire service as men."

Fire Commission President Genethia Hudley-Hayes said it will be up to management and the City Attorney's Office to produce a strategy for dealing with the issues.

"We're taking all of this seriously," she said.

And while she anticipates input from the commission, she said it is too soon to comment.

"I think it's inappropriate and really dangerous to respond to anything and make statements without being prepped by the City Attorney's Office until we're clear about the message," she said.

But, she added, "All the things that we are addressing now -- this is not something that happened yesterday or six months ago. This is something that happened preceding the personnel and controller's audits."

The commission is now trying to put programs into place to train people in leadership on workplace issues.

Barry has announced a plan to reform the beleaguered department, including asking for $2 million to $3 million to create a Professional Standards Division of about 20 people to improve discipline management.

Currently, the LAFD has two internal investigators for the nearly 3,600-sworn force.

The EEOC decision will likely add impetus to Barry's plan.

"I think it points to the reforms that we're working on, that we've been talking about; it points toward the importance of getting the reforms in place," Barry said.

kerry.cavanaugh(at)dailynews.com

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