A Texas fire captain who was passed over for promotion to assistant fire chief in 2023, has filed suit alleging age discrimination and retaliation. Marco Martinez, who is now a deputy chief, filed suit against the City of McAllen in US District Court for the Southern District of Texas.
Martinez, 55, was a captain when he was passed over for assistant fire chief in favor of a younger, less experienced captain. As explained in the complaint:
- On or about January 26, 2023, Martinez and the other Captains were informed by email that the Fire Chief James Schultz, was retiring. The email further stated that if they were interested in the position of Assistant Fire Chief that they should set up a one-on-one meeting with the then Interim Fire Chief, Juan Gloria.
- That same day, Martinez responded to that email indicating that he wanted to be interviewed and Chief Gloria acknowledged receipt of the email.
- On Friday February 3, 2023, Chief Gloria sent an email stating that he was hoping to select an Assistant Fire Chief “by sometime next week.”
- On or about February 7, 2023, Martinez sent an email to Gloria asking if they were still conducting interviews for the Assistant Chief position and if he was still under consideration for the position. Gloria responded by telling Martinez that he wanted to talk to him about the position.
- During the interview, Martinez was asked questions about his age and retirement plans by Chief Gloria. Gloria asked Martinez how old he was, how close he was to retiring, if he had a time frame for when he would be retiring, and how popular he was with the other personnel.
- A few days after the interview, Martinez discussed his concerns with Deputy Chief Farrell. Farrell told Martinez that he had been asked the same questions about age and retirement and that other applicants had told him that they were asked the same questions.
- Other candidates for the position told Martinez that Chief Gloria had brought up Martinez in their interviews and asked them what they thought of him as a candidate and to take into consideration Martinez’ age because he mentioned considering that Martinez was close to retiring.
- On February 10, 2023, Captain Mike Luna, the youngest Captain, was appointed as Assistant Fire Chief. Luna was under 40 years old.
- On April 3, 2023, Martinez was ordered not to conduct any projects for the fire department unless he was given explicit orders or assignment by his chain of command.
- On June 2, 2023, Martinez filed a complaint with Christina Flores, Defendant’s Director of Human Resources, stating that he believed he was discriminated against, treated differently and not selected due to his age. He complained that he was asked about age and retirement and that, as a result, the selection process for the Assistant Chief Position was not fair.
- Following his complaint, Martinez began to be subjected to retaliation.
- Martinez was banned from using the Department’s gym, known as the “box.” He was also required to ask permission to purchase parts, equipment, or anything else with his purchasing credit card, despite the fact that he was a Captain and had not had to do that before his reports of discrimination and complaints.
- Chief Gloria also demonstrated harassment and disrespect towards Martinez by addressing him by his first name in front of peers, subordinates and other supervisors. Chief Gloria did not do this with others, who he referred to by their rank and last name.
- Martinez’s duties also began to be diminished to the point that he was only responsible for the maintenance of department vehicles. He lost his responsibilities for supervising warehouse personnel, station maintenance, equipment maintenance, equipment accountability, personnel equipment, station supply issues, and warehouse management.
- [On three occasions – February 23, March 14, and March 20 he was not permitted to act as a deputy chief]
- On March 20, 2024, Martinez made a formal request for an explanation as to why he was not being given Acting Deputy Chief assignments.
- On April 1, 2024, Chief Gloria told Martinez that the reason he was not being given the Acting Deputy Chief work was that he had medical restrictions.
- In May 2024, Martinez was promoted to Deputy Chief for the Operations division. Martinez had taken and passed the Deputy chief promotional exam. The position was open because Deputy Chief James Farrell had retired early.
- Martinez’s understanding is that Farrell retired early due to the retaliation and hostile work environment being perpetrated by Fire Chief Gloria.
- During weekly tactical meetings, all other Deputy Chiefs or Captains are asked on their Division projects and issues, however Martinez has to have Luna speak on his behalf. Rather than present the information to command staff himself, Martinez has to have a Pre-tactical meeting with Luna and give him the information.
- When Martinez tries to participate he gets shut down by Gloria or Luna.
The complaint alleges age discrimination in violating of the Age Discrimination in Employment Act and the Texas Commission on Human Rights Act and retaliation. Here is a copy of the complaint:
