Ex-VA Firefighter Sues for Gay Hostility

Nov. 27 -- NORFOLK, VA -- For decades, Scott Phillips-Gartner served as a member of Norfolk Fire-Rescue, first as a 911 operator and later as an assistant fire marshal and bomb squad technician.

But then in October 2014 he married his longtime boyfriend, leading his bosses to find out he was gay.

Phillips-Gartner, 55, says the department ultimately stripped him of his rank and directed him to start working out of a temporary facility miles away from his usual office “with little to no job duties.”

“This was not the way he wanted to leave,” said attorney Barry Montgomery, explaining his client retired earlier this year amid threats he’d be fired if he didn’t. “It was humiliating.”

Phillips-Gartner is suing the city of Norfolk, accusing the department of creating a hostile work environment. The suit also alleges the city discriminated against him due to his gender – because he would have been treated differently if he were a woman who’d married a man – and retaliated against him for complaining to the U.S. Equal Employment Opportunity Commission.

Battalion Chief Harry Worley, a spokesman for Norfolk Fire-Rescue, and Deputy City Attorney Heather Mullen declined to comment on the suit, referring to it as a personnel matter.

Norfolk implemented policies in December 2016 that prohibit employees, contractors and volunteers from discriminating against a person because of his or her sexual orientation, among other things. The City Council put similar protections into law in early 2017.

According to the suit, which seeks unspecified damages, the city hired Phillips-Gartner in April 1991 as a telecommunications officer. He became a firefighter the following year and an assistant fire marshal in 2013.

During his time with the department, Gartner also worked as a senior member of the bomb squad, the lawsuit said.

The suit alleges Phillips-Gartner was well regarded in the department until October 2014, when he notified the city’s human resources department he had married his boyfriend.

The suit said Battalion Chief Roger Burris verbally attacked Gartner throughout 2015 and generally treated him less favorably than heterosexual male employees. During a staff meeting that December, he specifically attacked Gartner's sexuality – asking “Where is Ms. Gartner?”

Gartner complained about Burris’ comments, prompting Fire Chief Jeffrey F. Wise to look into what was happening.

Things didn’t get better. The lawsuit said Wise “routinely belittled Gartner in front of colleagues” during the first three months of 2016.

Gartner subsequently complained to Norfolk's then-city auditor, John Sanderlin. Montgomery said he didn’t take action either.

The suit said Wise stripped Gartner of his law-enforcement powers in March 2017, as well as his city firearm, computer and cell phone. He was barred from using city vehicles and denied routine bomb squad training, the suit said.

Montgomery said the stated reason for his client’s demotion was that he had “illegally obtained” a service dog named Caylee, or at least obtained the dog without proper authority.

The suit said Wise advised Gartner in November 2017 he wanted to fire him. In turn, Gartner “reluctantly” put in for retirement on Dec. 7, 2017. His last day was supposed to be Dec. 31, but it was eventually extended to January 31.

“This disrupted his whole life,” Montgomery said.

For $1, Gartner was allowed to keep another service dog named Boone with whom he had been living for about seven years, according to Montgomery.

The city kept Caylee, though. She was assigned to another firefighter, Mullen said.

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