The city of Chula Vista will pay more than $1 million to a former fire official who claimed that his firing by the city was done in a discriminatory manner.
Former Deputy Fire Chief Jim Garcia sued the city in May 2015 claiming he was a victim of age discrimination, disability discrimination and a failure to take corrective action based on other cases involving discrimination, harassment and retaliation.
A jury ruled in favor of Garcia on the disability discrimination claim, awarding him about $1.2 million.
The jury, however, could not reach a verdict on the age discrimination claim and Garcia later dropped the failure to take corrective action claim.
Garcia, 58, had worked for the Chula Vista Fire Department for 25 years before he said he was fired in 2015 because of a reoccurring neck injury.
Garcia’s attorney, Bradley Gage, said Garcia first injured his neck in 1998 in a work-related incident. Gage said at that time Garcia had neck surgery and missed a few months of work due to recovery, but came back and had a successful career.
Then about two years ago Garcia was fired from his job by newly appointed Fire Chief Jim Geering, Gage said.
“On. Jan. 14, 2015, [Garcia] told [the city] his neck was injured again and that he might need another surgery,” Gage said. “They fired him after that.”
Gage said Garcia was an exceptional employee and was not fired because of bad work performance.
“Jim Garcia has devoted 25 years of his heart and soul to protecting and serving members of the Chula Vista community,” Gage said. “He did a great job, we know that because he was employer of the year at one time and he received the highest award possible – the Medal of Valor, [which he earned in 1992 and 2004] that means Jim Garcia was a hero.
“And the city should not be allowed to discard someone because of their age or injury, treating them like trash when they are so valuable in protecting our community.”
In a statement, the city of Chula Vista denied Garcia’s firing was discriminatory.
“Former city employee Jim Garcia was terminated from his at-will executive level deputy fire chief position on January 14, 2015, after the prior fire chief retired, and a new fire chief was appointed,” the statement reads. “Garcia later filed a lawsuit alleging that he was terminated due to his age and/or neck injury, and that the city did not investigate allegations of discrimination. The city has always contended that Garcia was legitimately, and appropriately, terminated from his at-will deputy fire chief position by a newly appointed fire chief in the best interest of public safety and the city and fire department. This is because Garcia had been a member of the prior fire department management team which had subjected a Vote of No Confidence supported by over 90 percent of the fire department and local firefighter’s union. Further, Garcia had then been subjected to a National Censure by the International Association of Firefighter’s for having participated in decisions contrary to the safety and welfare of the city’s citizens and firefighters, urging that Garcia not be hired by any fire department in the entire country. It was time for new and respected leadership in the Chula Vista Fire Department in the best interest of the department and citizens. At trial in January 2016, Garcia dropped his claim for failure to investigate discrimination. The jury also did not find he was terminated because of his age. The jury found in Garcia’s favor for neck injury discrimination. The jury awarded Garcia about $450,000 in lost past and future wages, and about $650,000 in past and future emotional distress damages. The city is analyzing an anticipated appeal to exercise its legal rights to challenge the verdict and excessive damages awards. In the meantime, the city and fire department will continue to provide services to its citizens without interruption or disruption.”
