A female firefighter has filed suit in federal court against the Northampton Township Fire Department, alleging gender-based discrimination, disability discrimination, and retaliation following a romantic relationship with another firefighter that she claims turned abusive.
Tracy Wilson filed suit in the US District Court for the Eastern District of Pennsylvania, alleging harassment, emotional abuse, and alleged inaction by department leadership. Wilson, who began working per diem for Northampton Township Fire Department in April 2022 and became full-time in February 2023, was reportedly the only female firefighter/EMT at the department at the time of her termination.
According to the complaint, Wilson became involved in a romantic relationship with a more senior firefighter, Andrew Witmer, while the two were assigned to the same platoon. The relationship, which began while Witmer was married, allegedly devolved into a toxic dynamic characterized by emotional manipulation, verbal harassment, and attempts to isolate Wilson from other coworkers.
The complaint states that Witmer used his seniority to intimidate and demean Wilson, minimizing her diagnosed ADHD, and called her derogatory names including “psycho stalker.” Wilson claims that Witmer’s behavior caused her to suffer from depression and anxiety.
Wilson eventually reported the situation to Lt. Joe Gasiewski, and asked for help. According to the complaint, Gasiewski relayed her concerns to Deputy Chief Rob Holmes and Chief Adam Selisker. Shortly thereafter, she was placed on administrative leave.
While on leave, Wilson was evaluated by a psychologist, who diagnosed her with clinically significant depression and anxiety. She was advised to begin treatment and was placed on FMLA leave beginning in late November 2023. After completing an intensive outpatient program, she was cleared to return to work on January 5, 2024.
Upon her return, Wilson alleges that she faced renewed scrutiny. Quoting from the complaint:
- Ms. Wilson was cleared to return to work on January 5, 2024, but was still experiencing symptoms of depression and anxiety; albeit, not a level that would prevent her from working entirely.
- Upon her return to work from FMLA leave and her sessions with Dr. Wolanin, Ms. Wilson was immediately given a warning for tardiness on January 9, 2024.
- In mid-February, Ms. Wilson had an Employment Performance Review, during which she was given all good grades/marks except for “attendance.” Notably, Ms. Wilson had not missed any shifts other than those where she was out for FMLA leave recently. The only recent examples of tardiness were in January, where she was no more than 20 minutes late.
- On March 1, 2024, Ms. Wilson went in for her shift as normal. At approximately 8 a.m., she was called into HR and was told she was being terminated.
- Ms. Wilson was told she was being terminated, but was given the option to resign.
- She was presented with two letters which they had typed for her; one was a termination letter, and the other was a resignation letter.
- Ms. Wilson was pressured to sign the resignation letter rather than the termination letter by the HR Department.
- When Ms. Wilson asked why she was being terminated, she was informed it was due to her attendance and a uniform violation.
- Upon information and belief, the uniform violation was due to the type of shoes she was wearing; however, she was not the only employee to wear that type of shoe, including her superiors.
- Ms. Wilson signed the pre-written resignation letter.
Following her separation, the complaint alleges that Witmer was promoted to Lieutenant.
Wilson claims that her termination was retaliatory and that she was subjected to a hostile work environment based on her gender and disabilities. The complaint includes three counts: (1) sex discrimination under Title VII, (2) disability discrimination under the Americans with Disabilities Act (ADA), and (3) retaliation for exercising her rights under the Family and Medical Leave Act (FMLA). She is seeking compensatory and punitive damages, as well as attorney’s fees.
Here is a copy of the complaint:
