A former Homewood fire captain has filed a federal lawsuit against the city and the fire department, claiming racial discrimination

A former Homewood firefighter has filed a lawsuit against the city and the current chief.

Capt. Demetrius Webb says in a federal lawsuit that he was subjected to racial discrimination and retaliatory mistreatment while working for the Homewood Fire Department.

WVTM 13 spoke with Artur Davis, who represents the now-retired fire captain, about the lawsuit filed against Current Fire Chief Nicholas Hill and the city of Homewood.

“Captain Webb is my client, but there are a number of African Americans and public safety officers who will tell you all you need to know about Homewood, that it’s a very difficult place for blacks to be promoted,” Davis said.

According to the 16-page lawsuit, Webb applied for the post of Battalion Chief in the summer of 2020; another coworker was given the title in October.

“A position he was well qualified for, and he was passed over for a white officer who had a fraction of his years of experience, a fraction of the years of experience as a senior officer,” Davis said. “The only evidence is that the Homewood Fire Department did not take merit into consideration.”

Following this, the department’s 36-year veteran filed a racial discrimination lawsuit with the Equal Employment Opportunity Commission in March 2021.

“According to our research.” “In the last ten years, the city of Homewood has not hired a new Black firefighter,” Davis added.

When WVTM 13 asked about the lawsuit on Wednesday, the city provided the following statement:

Captain Webb has unfortunately sued the City and Chief Hill. The complaint has inaccuracies, omissions, and lack of context. The City does not discriminate based on race and has policies against racial discrimination. Under Alabama law, the Fire Department must hire from lists of candidates provided by the Personnel Board of Jefferson County. The City and Chief Hill were concerned that Captain Webb could not pass a fitness test. Captain Webb expressed concern that he could not pass a test, and he did not take the test. Captain Webb also decided during his career not to obtain paramedic certification, which is an important credential in any Fire Department. The City did not discriminate against Captain Webb, and Chief Hill did not retaliate against him.

All firefighters have fitness requirements. Captain Webb retired voluntarily from the Homewood Fire Department instead of taking limited duty. The EEOC did not find that the City discriminated against Captain Webb after an investigation lasting more than two years. The City of Homewood has a racial composition in its workforce similar to the racial composition of workforces in surrounding communities. The City and Chief Hill will defend this lawsuit vigorously.

Webb says in his case, which is seen in its entirety below, that he was retaliated against after submitting his concerns with the EEOC.

Can’t see the document? Click here.

The City of Homewood says that the EEOC investigation took more than two years and did not find that the city discriminated against Webb. We contacted the EEOC to find out what happened.

Webb says in the lawsuit that after he made the EEOC complaint, the department asked him to take a new test of strength and endurance.

The lawsuit says that Webb just had three physical tests after he went back to work after being sick with COVID-19.

“Captain Webb was never given a chance to take the test,” Davis said. “The test was used as an excuse to punish him for holding this city and the fire department accountable by exercising his rights to go to the EEOC.”

The department disputes that allegation, stating that “the City and Chief Hill were concerned that Captain Webb could not pass a fitness test. Captain Webb expressed concern that he could not pass a test, and he did not take the test.”

The city also said that Webb left the Homewood Fire Department on his own instead of taking limited duty.

Webb’s attorney claims differently.

“Even with all the discrimination he experienced, Capt. Webb would still be there if he had not been forced to stop working,” Davis said.

Davis says that Webb was the second black person the department hired.

In the last two years, he hasn’t been able to find a new job.

We asked for a recent demographic breakdown of the department and are still waiting for those numbers.

The city and Chief Hill have stated that they will fiercely defend this lawsuit.

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