Austin firefighters claim bias in lawsuit

From The Austin American-Statesman
Two high-ranking Austin firefighters Wednesday sued top city officials, a well-known minister and the president of the local chapter of the National Association for the Advancement of Colored People, alleging racial discrimination.

Battalion Chiefs Don Smith and Greg Nye, who are both white, said in the lawsuit against the Austin City Council, City Manager Marc Ott and Fire Chief Rhoda Mae Kerr that they were not appointed to assistant chief positions this year because vacancies were reserved for minorities. Austin attorney David Rogers said more than 150 firefighters also were discriminated against and may have been more qualified for the job.

“There is very strong evidence indicating a pattern of behavior from the Austin Fire Department of promoting based on race at the highest levels of the organization,” Rogers said. “Promotions based on race instead of qualifications are hurtful to any profession.”

The Rev. Sterling Lands and NAACP President Nelson Linder also are named in the suit based on comments they made to the City Council about the need for racial diversity in the department.

Fire officials could not be reached for comment.