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The Commission has
determined that the City must reinstate Fuller, offer back
pay, start civil rights training for employees and provide
“an environment free of discrimination” for employees and
thus has presented a proposal to bring an end to a dispute
that began on February 27, 2019.
On that date, Randall
Fuller, an African American, began as a Fire-Trainee with
the Fire & Rescue’s Firefighter Academy. Due to his
disability – of which the Department was fully aware, Fuller
failed a CPR test and a Rule Book test on March 5 and 6,
respectively.
Fuller was dismissed on
May 3, 2019 and sought representation for attorney Norman
Abood and Earl Murry, a retired professor, both of whom have
represented numerous individuals in such matters.
The Commission’s
determination has been presented to both parties for their
agreement and an out-of court settlement, a prospect that
Abood does not feel is likely. “The City has been so
unresponsive, I don’t hold any likelihood of success,” he
said. “And if we can’t reach an agreement, we will be filing
suit.”
The heart of the matter is
that the City has in place a process for trainees to request
accommodation for such disability issues – an accommodation
that Fuller sought. Nevertheless, after having struggled
with the test, Fuller’s representatives uncovered documents
that showed that others in the class – Caucasians all and
without disabilities, also failed the same test, by similar
scores, yet had their grades changed, in some case, or were
allowed to re-take the tests, in other cases.
“Seven individuals had
test scores changed so they could move up over Randall
Fuller,” said Murray last week at a press conference. “There
is ongoing racism in the Toledo Fire Department and it needs
to stop.”
The firing of Fuller is
part of a series of dismissals of black candidates in recent
years during their time in the Firefighter Academy, a number
of which have been challenged by Earl Murry. “In the last
three classes, all the terminations have been African
Americans, except for one Latino,” said Murry.
Major Smith III was
terminated on June 12, 2018 for his failure “to perform
tasks in a manner which assured he would fail and, at a
minimum, required him to overcome artificial obstacles not
required of any other trainee fireman,” Murray noted several
months ago.
Sierra Adebisi was fired
on August 23, 2019, as she was set to graduate for what was
termed “overall unacceptable performance.”
Both Smith and Adebisi
have appealed their dismissals.
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