City wins in discrimination dispute.

Byline: Thomas Franz

A Michigan Court of Appeals panel affirmed a case dismissal after a Saginaw firefighter was unable to uphold her burden of proving the city's actions were a pretext for discrimination.

Ona Lee Aguilar, a Saginaw firefighter since 1996, had worked her way through the ranks of the department, but filed suit against the city when she was passed over for the position of fire chief.

Brett Meyer, the defense attorney for the City of Saginaw in Aguilar v. City of Saginaw (MiLW No. 08-98416, 18 pages) said a state statute, MCL 38.511(4), was critical to proving the city acted in a non-discriminatory matter. The statute prohibits successive temporary appointments to public safety positions like a fire chief.

"That was the reason the city couldn't appoint her. We relied on that in the context of that burden-shifting test as to why there was a legitimate non-discriminatory reason for her not receiving the job," Meyer said.

The Aug. 30 unpublished per curiam opinion was issued by Judges Amy Ronayne Krause, Elizabeth L. Gleicher and Anica Letica.

Background

Aguilar became a Saginaw firefighter in 1996 and worked her way through the ranks of the fire department. She became captain in 2011 and was promoted to training/safety officer six months later.

The COA's opinion detailed that her rise came at a time when there were just a few female firefighters in Saginaw's department, and they were frequently harassed. Aguilar filed several complaints between 2000 and 2011.

She eventually became known within the department as the second-in-command behind Fire Chief Earl Dean Holland, who retired in 2011. Holland recommended Aguilar to succeed him.

The court noted that International Association of Fire Fighters Local 102 President Tom Raines said the interim chief should be someone out of the operations division rather than the administrative end of the department. City Manager Darnell Early was reportedly reticent to appoint a woman as fire chief, but Holland convinced him, according to the opinion.

Aguilar turned down the offer to become interim chief in favor of allowing her mentor, Ricardo Longoria, to fill the position.

The COA's opinion noted that Aguilar again turned down the offer six months later in favor of Longoria. However, the city let Longoria go and appointed Assistant City Manager for Public Safety Phillip Ludos to oversee the fire department. He did so until he resigned in August 2013.

During Ludos' time as fire chief, Aguilar...