Judge mulls first of two LAFD firefighter lawsuits against city

A judge indicated Tuesday that she is poised to allow a trial of some claims in the first of two lawsuits brought by a white Los Angeles firefighter who says he suffered backlash and emotional distress after complaining that a Black colleague threatened to bomb him.

Los Angeles Superior Court Judge Monica Bachner heard arguments from lawyers for the city and plaintiff James Sharlein, then said she was taking the issues under submission. She did not say when she would rule.

Prior to Tuesday’s hearing, the judge issued a tentative ruling saying she was leaning toward denying the city’s motion to dismiss the entire lawsuit. She also said she was inclined to allow Sharlein to take to trial his causes of action for harassment and failure to take all reasonable steps necessary to prevent harassment, discrimination and retaliation, but not his race discrimination and whistleblower retaliation causes of action.

Sharlein worked at Fire Station 50 when Black female firefighter Ta’Ana Mitchell was assigned there in December 2017 as a probationary firefighter, according to his suit filed in December 2018. That month, she allegedly began making inappropriate remarks about him, including, “I wanted to drop a bomb on Sharlein” and “If he was a girl, I would have beat his (epithet),” both of which allegedly were made in the presence of the plaintiff and a Los Angeles Fire Department supervisor.

Mitchell also said she wanted to sock Sharlein in the face and that her brother, who recently was released from jail, wanted to beat him up, according to the complaint.

Mitchell told Black members of the LAFD command staff that the plaintiff was harassing her, an allegation she knew was untrue, the suit says.

LAFD management knew or should have known of Mitchell’s alleged misconduct, but did not stop it even after Sharlein complained, according to the lawsuit.

Instead of helping Sharlein, LAFD management denied him promotions to favored positions and transferred him to less favorable and “potentially more dangerous” work locations, the suit alleges.

Sharlein also maintains he was denied chances to earn overtime pay, falsely accused of spreading gossip and rumors about another firefighter and subjected to improper investigations.

A “substantial motivating reason” for the city and LAFD to subject Sharlein to adverse employment conditions was his race and gender, the suit alleges.

In his second suit filed Aug. 9, Sharlein maintains he has been denied promotions and suffered a further backlash for speaking out. Sharlein further says that since filing his first case he has been subjected to multiple adverse workplace transfers, denied chances for promotions and subjected to ostracism.

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