By Louis Porter
Staff Writer
December 9, 2004
STAMFORD -- A former city firefighter has lost a federal discrimination lawsuit against the city.
William Hughes, the first black fire marshal in Stamford, was fired in 2001 for not showing up for his shift, according to the city. Previous disciplinary measures and negotiations with the city resulted in Hughes signing a "last chance" agreement in 2000, under which he could be terminated if he failed to perform.
Hughes, 44, and his attorney, Charles Parks of Stamford, originally asked for $300,000 in damages because of alleged discrimination by the city. Although city attorneys and Hughes negotiated over a lower settlement, there was no agreement and a jury heard the case late last week in federal court in Hartford.
Hughes was seeking enough money to redirect his career, Parks said.
"You are going to have to change careers, especially if your record reflects a termination," he said.
Hughes has found other work but it does not pay as much as his firefighter job, Parks said.
On Friday, after deliberating for about an hour, the jury sided with the city.
"I think the jury did its job," said Thomas Cassone, Stamord's director of legal affairs.
Parks said the jury may have failed to realize the difficulty a last-chance agreement creates.
"Last-chance agreements that cover a long period of time place the employee in an extremely precarious position," he said. "Anything you do wrong, you are going to be terminated."
Hughes may not have had any choice but to sign the agreement, Parks said.
Hughes, a Danbury resident, was promoted to assistant fire marshal in 1990, and demoted for allegedly inspecting properties inadequately. But in 1994 he was reinstated and paid $45,000 after winning a grievance against the city.
But from 1998 to 2000, Hughes reported to work late, failed to follow orders on inspections and abused bereavement leave, the city said.
Hughes also made mistakes in inspections of large buildings including a school, an apartment building and a hotel, according to the city.
Parks said that the city failed to demonstrate an instance in which Hughes failed to enforce the state's fire code.
"Without that, it is very difficult to say he was justifiably subjected to termination," Parks said. "We still feel that there was a racial implication to an action which is otherwise difficult to explain."
The jury did not agree. Parks said he does not know whether his client will appeal.
"It would be difficult and extremely costly," he said.
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