April 28-- An Eagan firefighter has sued the city and its fire chief over claims he was demoted from his position as battalion chief because he is gay.
The Twin Cities Pioneer Press reports that veteran firefighter Dan Benson filed a civil lawsuit this week in U.S. District Court alleging discrimination based on his sexual orientation and violation of his constitutional rights by Eagan Fire Chief Mike Scott and the city.
"I worked really hard to get to that position, never had a bad review, and then 'Yeah you're done,'" Benson told KSTP. "When you put the pieces together, it's obvious."
During his 18 years with the department, Benson rose in rank to battalion chief, was paid a monthly stipend and also contributed to a fire department pension.
According to the lawsuit, Scott told Benson and other firefighters at a meeting last November that they would have to reapply for their positions. During that meeting, Scott asked whether he had a spouse or significant other and Benson said he was married to a man named Greg and that they were acting as fathers to a son, the lawsuit said. Benson added that they had hosted two exchange students they considered sons.
Benson previously kept his sexual orientation private, according to the lawsuit.
Less than a month later, Scott told Benson he would not be reappointed battalion chief and asked him to remain with the department as an on-call firefighter, according to the complaint.
Scott filled Benson's battalion chief position with someone who is less qualified, and no one else within the department was demoted, the lawsuit said.
"Based on the timing of his being 'outed' and the pre-textual reasons given for his demotion from battalion chief to an on-call firefighter," the lawsuit read, "it is clear that although the Eagan fire department may employ gay 'black hat' firefighters, defendant Scott, as chief, will not consider them for leadership positions."
As a result of the demotion, Benson is losing pay and has reduced benefits, including his pension. He is seeking compensatory damages in excess of $50,000, as well as punitive damages against Scott to be determined at trial.
When reached Thursday by phone, Scott declined to comment, but the city issued a statement disputing the allegations.
It said that the fire department, with the support of city administration, has consolidated from six fire stations to three facilities. The changes meant a reorganization and fewer leadership positions, according to the city.
The city plans to defend against the lawsuit "because it believes that it engaged in a proper process and it, again, denies any discrimination," the statement read.
Benson continues to work as a paid on-call firefighter.
