Fairfax County has settled a sexual harassment, hostile work environment and retaliation lawsuit filed by a woman firefighter in 2016.
The lawsuit is one of six filed against the Fairfax County Fire and Rescue Department over the past ten years.
This is a big win for the women who have been complaining about sexual harassment in the Fairfax County Fire and Rescue Department.
Fairfax County attorneys and Fire Chief Richard Bowers met for a settlement hearing with firefighter Magaly Hernandez . She said she endured sexual harassment by her captain, and then retaliation by the fire chief.
In October of 2013, Hernandez was transferred to Station 42, where he was placed under the supervision of Captain Jon Bruley. According to court documents, shortly after she arrived, "Bruley began to sexually harass her and create a hostile work environment for her because of her sex."
The behavior included "physically restricting Hernandez's movements, frequently invading her personal space and touching her, making repeated unwanted sexual advances and comments toward her, demanding hugs, and tracking her movements, including when she used the restroom."
Court documents state that Bruley "would block her path, placing his chin on her shoulder, and positioning his body right up against her."
Despite her telling him to stop the behavior, she claimed Bruley told her he wanted to "see her in a bathing suit, and once asked Hernandez whether she would 'be able to handle that big hose.'"
On April 29, 2014, Hernandez complained to her battalion chief and made several complaints against station Captain Jon Bruley.
After Hernandez complained, court documents state that "Bruley began monitoring and tracking Hernandez's activities and movements at work, and this behavior continued for many months," even after she was transferred to a new station.
Then, at her new station, Hernandez was issued a written reprimand for a verbal disagreement during basketball game with a male firefighter who was an "associate of Bruley's."
As a result of the reprimand, Hernandez was forced to involuntarily transfer and prevented from being promoted. A Fairfax County hearing officer determined the basketball incident to be "minor."
The U.S. Fourth Circuit Court off Appeals found that "based on the relative severity of the reprimand federal appeals court found that "a reasonable jury could determine that the county retaliated against Hernandez" by issuing that reprimand.
Captain Bruley has since retired from the Fairfax County Fire and Rescue Department.
Chief Richard Bowers is on his way out. In February, after his top woman officer resigned accusing the leadership of tolerating and defending sexual harassment, Bowers announced he would retire at the end of April.
Fairfax County is conducting a nationwide search for a new chief whom county leaders hope to have him or her in place by July.
