The city of West Covina, California, has reached a settlement with Curtis McCart, a former Fire Department captain who alleged he was forced to resign in after raising concerns about COVID-19 safety protocols and reporting other issues within the department. The lawsuit, filed in Los Angeles Superior Court in , included allegations of disability and age discrimination, as well as retaliation.
McCart, who served with the West Covina Fire Department (WCFD) for over 32 years and was the city’s most senior fire captain at the time of his departure, initially voiced concerns in regarding then-Fire Chief Vincent Capelle’s adherence to coronavirus safety measures. According to the lawsuit, Capelle consistently refused to wear masks or practice social distancing indoors, creating a departmental culture where these safety regulations were openly disregarded.
The situation escalated beyond COVID-19 protocols. McCart also raised concerns about the treatment of homeless individuals by some department members and other workplace issues. In , Capelle reportedly inquired about McCart’s retirement plans and, according to the suit, threatened a transfer to a less desirable post – a departure from the department’s tradition of allowing senior employees to choose their assignments – if McCart did not retire.
McCart subsequently communicated his concerns to Assistant Fire Chief Jim Rudroff, as well as to City Councilman Tony Wu and City Manager David Carmany. Following these complaints, in , the city informed McCart of a job relocation and shift change that placed him in a busier station with increased call volume and holiday work. City attorneys, however, maintained that this relocation was based on operational needs and not related to McCart’s age or complaints.
The lawsuit further alleges that in , the city notified McCart of its intent to terminate his employment, citing his complaints and reports of noncompliance with regulations. The city allegedly informed McCart that if he did not resign, he would lose his retiree medical benefits, effectively forcing his retirement the following month.
Adding another layer to the complexity of the case, the city’s legal team presented evidence suggesting McCart made concerning statements following a shooting at a Los Angeles County fire station. They alleged he blamed management for the incident and made statements about physically assaulting Capelle or other colleagues, claims McCart denied.
The terms of the settlement, reached on , have not been disclosed. Attorneys for McCart filed court papers informing Judge Peter A. Hernandez of the “unconditional” resolution.
This case highlights the challenges faced by individuals who raise concerns about safety and potential misconduct within organizations, particularly in high-stress environments like fire departments. The allegations of retaliation for voicing concerns about COVID-19 safety protocols are particularly relevant given the heightened awareness of workplace safety during the pandemic. The lawsuit also touches upon broader issues of age discrimination and the potential for a hostile work environment.
the details of the case, as presented in court documents, represent allegations made by both sides. While McCart alleged forced resignation due to discrimination and retaliation, the city disputed these claims. The settlement itself does not constitute an admission of guilt or wrongdoing on the part of the city.
Vincent Capelle was terminated from his position as Fire Chief in .
This case serves as a reminder of the importance of clear policies and procedures for addressing workplace concerns, as well as the need for organizations to foster a culture where employees feel safe reporting potential misconduct without fear of reprisal. The legal process, while often lengthy and complex, can provide a pathway for individuals to seek redress when they believe their rights have been violated.
