Los Pinos Fire Protection District is facing allegations of wrongful termination, retaliation and discrimination in a 12-count complaint filed in U.S. District Court of Colorado on Dec. 3.
Jennifer Sokol was terminated from her position at the department in March 2023 after she requested accommodations to protect her from a colleague, against whom she had filed a report of domestic violence. Her former partner, Matthew Misquez, was also a firefighter at the department until he resigned as part of a plea agreement in which he pleaded guilty to third degree assault.
In the 25-page lawsuit, Sokol accuses the department of violating the Americans with Disabilities Act, the Public Health Emergency Whistleblower law, the Colorado Anti-Discrimination Act and the Civil Rights Act.
It was December 2022 when Sokol first reported the violent incident with her ex-partner, which took place in August 2021, to authorities and to LPFPD superiors.
The lawsuit alleges that the department foisted the burden of keeping Misquez and Sokol apart – a legal requirement given a protection order in place after charges were filed – on the victim of the crime.
“This forced Ms. Sokol to lose out on extra shifts and the ability to attend trainings if Misquez was scheduled, directly impacting her pay and efforts to advance her career,” the complaint says.
In February, she requested accommodation citing the Americans with Disabilities Act and Colorado Anti-Discrimination Act. In a formal complaint to the district, Sokol informed Chief Tony Harwig, who has since retired, that she feared for her safety because Misquez retained 24-hour access to the building, her personal protective equipment and her schedule.
Sokol informed Harwig that she had post-traumatic stress disorder from the attack, although she said it did not impact her ability to perform job duties. Harwig placed her on leave the next day and asked her to provide information from her medical provider.
In the lawsuit, Sokol alleges that Harwig said “you did this” at the end of the meeting.
The department did not respond to a request for comment.
Sokol returned the questionnaire, completed by her mental health counselor, on March 7. On March 9, Misquez resigned his position at the department. Sokol submitted a letter from her counselor, which was reviewed by The Durango Herald, saying she no longer required any accommodation to perform her job.
Five days later, Harwig terminated Sokol citing conduct, courtesy and disciplinary rules, the lawsuit says.
Curt Varone, a former deputy assistant chief, lawyer and publisher of the Fire Law blog, called the case a “slam dunk” according to Sokol’s statements, but cautioned against passing judgment until the other side of the story comes out.
“From her perspective, it looks like the department didn’t respond, but we’d have to hear from the department and find out what steps they did take,” Varone said. “They may, in fact, have taken steps (and) either she wasn’t aware of it or she didn’t feel whatever they did was enough.”
The plaintiff is seeking over $75,000 in back pay, as well as other damages for emotional distress and punitive damages.
The department faced similar allegations from another female employee in 2019. Despite an offer of $20,000 to resolve the claims, the plaintiff took the matter to trial, where the department prevailed.
In 2020, Sokol was featured in a Herald article defending the department as a friendly workplace for women.
When asked Thursday what had changed since then, Sokol responded, “I reported a male co-worker for assaulting me – that’s the simple answer.”
“I have a few objectives here, but one of the main reasons I’m doing this is to shed some light on and expose how domestic violence survivors are treated and the stigma around that,” she said. “In sharing my story, I hope I can give strength and courage and bravery to others, because I’m not alone in this.”
rschafir@durangoherald.com
