Fired female firefighter suing City of Lincoln
LINCOLN, Neb. (KOLN) -A former Lincoln firefighter, who worked for the department for seven years, has filed a lawsuit against the City of Lincoln for unlawful retaliation, and sex and disability discrimination.
The plaintiff, Jessie Lundvall, alleges several incidents in a 14-page lawsuit filed in Lancaster County District Court on February 15.
The lawsuit notes that Lundvall, a female and lesbian, started started her employment with Lincoln Fire and Rescue in May of 2014 and was fired June 8, 2021.
Here’s a brief timeline, according to the lawsuit:
2018: Lundvall expressed interest in hazardous materials training for recruits. According to Lundvall’s attorney, Kelly Brandon, Battalion Chief Timothy Linke stated he must first observe her performance as an instructor and expressed concerns over the amount of sick leave she’d take, something not required of male instructors. Lundvall’s interest was turned down.
une 2019: Lundvall accepted the position of Firefighter Training Officer. During her training for the position, Chief Linke instructed her on working 40 hours, flexing her time, remote work, and filling out a proper timecard.
March 2020: According to lawsuit, Lundvall was instructed to work remotely as much as possible because of the COVID-19 pandemic
January 2021: Chief Linke informed the training division that they were to return to in-person work. According to the lawsuit, members understood this as they could still work remotely when necessary.
February 2021: Lundvall receives an MRI showing an 80% tear in her left rotator cuff and she’d need surgery, which she informed Chief Linke about.
March 2021: Chief Linke requested Lundvall complete a “Fit for Duty” test, which was not something male employees in similar situations were required to do, according to the lawsuit. Lundvall was later told by human resources she didn’t need to complete anything until it was time for surgery.
April 2021: Lundvall was informed by someone in another division that she was being investigated for falsifying timecards. According to the lawsuit, Chief Linke started surveilling Lundvall and requested a pre-disciplinary hearing with Lundvall in regards to the timecards. In the lawsuit, it notes Lundvall allegedly faced a negative change in her coworkers’ behavior because of the personnel leak.
April 2021: Lundvall’s attorney sends a litigation letter to the City of Lincoln, noting her plans to file a charge of discrimination and retaliation.
April 2021: Lundvall was told the timecard stemmed from improperly working remotely. She was accused of taking one hour of overtime to respond to an after-hours email that Lundvall perceived as urgent. In a meeting with Fire Chief Dave Engler, Lundvall was told she’d receive pay, but to not do that again. The lawsuit notes several other employees flex hours, and a male firefighter admitted to filling out his timecard in the same manner and was not surveilled, disciplined, or terminated.
March 2021: Chief Linke requested Lundvall complete a “Fit for Duty” test, which was not something male employees in similar situations were required to do, according to the lawsuit. Lundvall was later told by human resources she didn’t need to complete anything until it was time for surgery.
April 2021: Lundvall was informed by someone in another division that she was being investigated for falsifying timecards. According to the lawsuit, Chief Linke started surveilling Lundvall and requested a pre-disciplinary hearing with Lundvall in regards to the timecards. In the lawsuit, it notes Lundvall allegedly faced a negative change in her coworkers’ behavior because of the personnel leak.
April 2021: Lundvall’s attorney sends a litigation letter to the City of Lincoln, noting her plans to file a charge of discrimination and retaliation.
April 2021: Lundvall was told the timecard stemmed from improperly working remotely. She was accused of taking one hour of overtime to respond to an after-hours email that Lundvall perceived as urgent. In a meeting with Fire Chief Dave Engler, Lundvall was told she’d receive pay, but to not do that again. The lawsuit notes several other employees flex hours, and a male firefighter admitted to filling out his timecard in the same manner and was not surveilled, disciplined, or terminated.
According to the lawsuit, Lundvall is the sixth long-term female City of Lincoln employee who has been accused of lying and/or falsifying reports after engaging in protected activity. The others include Benson, former police officer Sarah Williams, former officer Angela Sands, female police officer ‘A,’ and female police officer ‘B.’
It alleges violations of the Nebraska Fair Employment Practice Act for sexual discrimination, retaliation, and disability discrimination. It’s seeking a jury trial and unspecified damages for mental and emotional distress; fear; anguish; humiliation; embarrassment; lost enjoyment of life; lost wages, benefits, future earning capacity, and other emoluments of employment.
Lincoln police officer and former police spokeswoman, Erin Spilker, has filed a sexual assault lawsuit against the City. Sands has also noted her intentions of filing a lawsuit.
