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Ohio Firefighter Files Sexual Harassment Suit

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Posted by: Curt Varone 10 hours ago 0 Comments

An Ohio firefighter who claims she has been subjected to years of harassment and discrimination has filed suit against her department and her fire chief.

Amie Morningstar filed suit last week in US District Court for the Southern District of Ohio naming the Circleville Fire & EMS Department, the City of Circleville, and Fire Chief Marc Zingarelli.

The suit seeks damages for sexual harassment, gender discrimination, equal pay violations, retaliation, intentional infliction of severe emotional distress, and an Ohio Public Policy tort. Morningstar also seeks a temporary restraining order against the defendants to prevent any further discriminatory acts.

The 19 page, 156 paragraph complaints includes allegations of name calling, equipment

Morningstar had gloves and nomex hoods taken from her belongings at CFD by an unknown individual(s), who had access to CFD on multiple occasions.
Morningstar found the screws loosened around her “warning lights” on her SCBA mask (this lets a firefighter know when they are running out of air), the screws were also loosened around her voice box which allows her to communicate. She discovered this when
gearing up on a fire call as she placed her mask on her person and all of the pieces came off. She has also experienced air being released on her tank and batteries missing out of her voice box on occasion.
[A]n unknown individual(s) urinated in Ms. Morningstar’s shampoo bottle.
Morningstar discovered semen and/or some other bodily fluid on her bunk blanket at CFD.
Morningstar discovered that the armpits were cut out of her shirts as well as other portions her apparel.
Morningstar’s radio, which is a firefighter’s lifeline, was missing and it was missing for a number of months at one point.
Morningstar’s radio was eventually found hidden behind Captain Edgington’ s bookshelf.
Morningstar informed the Mayor that Chief Zingarelli referred to her as “bitch” on various occasions and that she was referred to as “bitch” more often than by her given name.
Morningstar also expressed that that employees and/or agents of the Defendants, called and/or referred to her as “bitch,” “slut,” “whore” and “c__nt” on various occasions throughout the duration of her relationship with Defendants, and that she was referred to as “bitch,” “slut,” “whore” and/or “c_nt” to and/or in the presence of not only employees and/or agents of the Defendants, but also to and/or in the presence of individuals outside of the scope of her employment. Ms. Morningstar informed the Mayor that said name calling occurs frequently with the Chief Zingarelli, and that he commonly calls her and/or refers to her as “bitch,” “slut,” “whore” and/or “c_nt”.
In this same meeting, Ms. Morningstar informed Mayor Mcllroy that her socks have been cut, that a male ejaculated on her bunk in the Department as semen was discovered on her bed sheets, and that her equipment, including, but not limited to her oxygen mask, had been damaged.
Morningstar informed Mayor Mcllroy that the aforementioned conduct has occurred throughout her working relationship with Defendants, and that the same continued to occur as of the date of said meeting.
Upon information and belief, Mayor Mcllroy, on behalf of Defendants, informed City Council members that Ms. Morningstar’s allegations were unfounded and/or unsubstantiated.
Recently, Chief Zingarelli began accusing Ms. Morningstar of failing to clock in and/or out for her shift, which would constitute grounds for discipline.
Notwithstanding the foregoing accusations of Chief Zingarelli, Captain Rankin has repeatedly refuted such accusations by printing off the clock-in and clock-out sheets that confirm that Ms. Morningstar is in compliance with the underlying policy.
Chief Zingarelli has been approaching Captain Rankin so frequently with these accusations of failure to clock in and/or out that Captain Rankin has begun personally witnessing Ms. Morningstar clock in and out.

Here is a copy of the complaint: Morningstar v Circleville Fire

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ABOUT CURT VARONE

Curt Varone has over 40 years of fire service experience and 30 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.