A former Providence firefighter who already won a sexual harassment and retaliation lawsuit in 2016, has been awarded $1.75 million in damages for the retaliatory denial of her application for an accidental disability pension. Rescue Lieutenant Lori Franchina filed suit in 2021 claiming the city’s refusal to grant her pension application constituted disability discrimination under state and federal law, sex discrimination under state and federal law, and a violation of the Lilly Ledbetter Fair Pay Act.
Franchina was awarded $800,000 by a federal court jury in her first suit. That verdict was upheld by the US First Circuit Court of Appeals in 2018. In 2019 she sought reconsideration of her application for an accidental disability (line-of-duty) pension, which was previously denied. Following the denial of her request for reconsideration, she filed the current suit. Here is more on the original filing of that suit.
Last Friday, a federal court jury agreed the city’s conduct was retaliatory. Franchina’s attorney, John Martin, characterized the basis for the verdict as being “post-employment retaliation.” wrong. WJAR quoted him as saying:
- Two weeks before trial, we offered to go to mediation with them where the only thing we were seeking was for them to reopen the application and provide her with a fair hearing, and they refused to even discuss it.
- They could’ve avoided millions of dollars that they’re going to pay on this judgment by simply giving her a fair hearing, and they refused to do it two weeks before the verdict came down.
With interest, costs, and attorneys fees, the total bill will likely be in the $4 to $5 million range.
