Woman awarded over $270k in Nashville Fire discrimination lawsuit

A Nashville woman could collect more than $270,000 in damages and back pay after a federal jury found her employer, the Nashville Fire Department, discriminated against her based on her age and gender.

Maggie Lawrence, a deputy fire marshal with the department, filed a lawsuit in September 2022 after she was passed over for a promotion to become Fire Marshal.

Chief William Swann "took drastic measures to ensure that the 'good ole boys club' stayed in place," the lawsuit said. It noted that a "significantly younger, less experienced male employee" was moved to the Fire Marshal's Office with the intent for him to take over the department. Lawrence was 63 when she was passed over for the promotion.

A four day trial ended with a jury finding that the department discriminated against Lawrence in violation of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967.

"Ms. Lawrence was incredibly qualified, worked hard for over three decades and is a dedicated civil servant," attorney Robert Bigelow said Tuesday. "The jury found that, because of both her age and gender, she was not even given the chance to fulfill her dream to become Nashville's first female fire marshal. The result of the trial was one of the largest single plaintiff employment verdicts in the history of the Middle District of Tennessee, and the jury has spoken loudly and clearly."

Joseph Pleasant, spokesperson for the Fire Department, said they will rely on Metro Legal for next steps.

"We respectfully disagree with the jury’s decision, but respect the judicial process," Pleasant said. "The Nashville Fire Department is committed to promoting the most qualified personnel because it’s not only right, but impacts the safety of our community. This does not change our mission to be the world class emergency response department for our residents and visitors."

Wally Dietz, director of law for Metro Nashville, said his department has not yet decided if an appeal will be filed in the case.

"That decision may depend on the outcome of the May 22 post trial hearing ordered by the Judge," he wrote in an email Tuesday. "Once the Judge acts, we’ll have a better idea of available options."

A case for discrimination

Lawrence was hired by the Nashville Fire Department in 1992 as a fire inspector. From there, she was promoted three times, the last being to Deputy Fire Marshal in 2016. In that role, she is responsible for training and supervising inspectors, investigators and safety educators.

For almost 30 years, she never once received a write-up or any disciplinary actions, the lawsuit said.

In October 2020, Chief Swann announced his plan to move a captain, who worked at the training academy, to the Fire Marshal's Office, the lawsuit said.

"He was much younger than Ms. Lawrence, and had little to no experience in comparison to Ms. Lawrence," the lawsuit said.

Then-Fire Marshal Al Thomas was instructed to allow the captain to shadow him. When Thomas told Swann that Lawrence was the best candidate to replace him, he was placed on paid administrative leave and later terminated, according to the lawsuit.

Swann appointed Lawrence to run the department's daily operations and allow the captain to shadow her.

In January 2021, the captain was promoted to Fire Marshal.

"Chief Swann told Ms. Lawrence in no uncertain terms that her age was the reason she did not get the promotion," the lawsuit said. "He explained to her, 'It would be not smart of me, to put someone in that position — at that level — and they not going to be here but for a next few years.'"

Shortly after, Lawrence received her first write-up "after complaining about the promotion," the lawsuit said. She filed a complaint with the Equal Employment Opportunity Commission in September 2021. About a month later, she was placed on a performance improvement plan.

In June 2022, the Equal Employment Opportunity Commission granted Lawrence's request to a Notice of Right to Sue.

Lawrence filed her lawsuit alleging gender and age discrimination, as well as retaliation for her report with the Equal Employment Opportunity Commission.

The jury ultimately agreed the department discriminated against her based on her gender and age.

Coupled with the damages and back-pay, Metro Nashville will also be responsible for Bigelow's attorneys fees, a total cost likely upwards of $500,000.

"It is her hope that Metro does not appeal, as she is very confident that an appellate court will not overturn the jury's decision," Bigelow said. "Also, it will cost Metro even more in attorney's fees, which, as evidenced by the fact that Plaintiff attempted to be reasonable and settle this matter numerous times before going to trial, was never Plaintiff's goal."

This article originally appeared on Nashville Tennessean: Nashville Fire to pay over $270K in discrimination suit, jury finds