New London — A trial slated to begin this week in a racial discrimination lawsuit filed by a former New London firefighter against the city has been postponed.

Court records show the two sides plan to participate in mediation in an attempt to settle the case following a recent ruling that rejected the city's attempt to dismiss the long-pending lawsuit filed by former firefighter and fire inspector Nicholas Brown.

Brown, a Black firefighter hired by the city in 2015 who has since left the department, claims he was passed over for promotion in favor of a white firefighter and later faced retaliation after raising concerns about discrimination.

Filed in 2024, the lawsuit alleges the discrimination dates back to 2021, when Brown applied for a fire inspector position. Brown passed the written portion of the examination but alleges former Fire Chief Thomas Curcio canceled the oral exam after the firefighters union filed a grievance on behalf of another firefighter. Brown claims that firefighter, who he alleges was Curcio's preferred candidate, argued that he failed the test due to a noisy testing environment.

Brown alleges he attempted to file a grievance of his own, claiming the other candidate did not meet the job requirements, but the union refused to pursue it.

Nonetheless, due to complaints from a favored white firefighter, the City ordered a retest to the plaintiff's detriment, which was to take place on Feb. 14, 2022," the lawsuit states.

Around the same time, Brown also applied for a lieutenant's position. He finished among the top candidates on both promotional exams and was offered the fire inspector position in March 2024. Although he accepted the promotion, Brown continued to seek promotion to an open lieutenant position, which offered additional overtime and special duty opportunities.

Brown alleges that during the oral examination process for lieutenant, he was asked an additional set of 10 questions beyond those posed to other candidates. He ultimately tied for third place on the promotional list. He claims city officials told him a white firefighter was promoted instead of him because of greater seniority.

According to the lawsuit, the promoted firefighter had already received points for seniority, which Brown argues was the only reason the two candidates tied.

At the time the lawsuit was filed, Brown claims he had been passed over for promotion three times. He alleges those decisions were made in retaliation for his complaints about discrimination.

Brown first filed a complaint with the Connecticut Commission on Human Rights and Opportunities before bringing the lawsuit in New London Superior Court. The suit alleges discrimination and retaliation in violation of the Connecticut Fair Employment Practices Act. Brown seeks an unspecified amount of money in excess of $15,000.

"The defendant has engaged in these discriminatory practices with malice and reckless indifference to the plaintiff's rights protected under state and federal law," the complaint states.

The city of New London, represented by the law firm of Karsten & Tallberg, filed a motion for summary judgment in February, arguing that promotion decisions were based on “race-neutral” considerations. The city asked a judge to dismiss the case, contending Brown lacked “any admissible evidence sufficient to overcome the City's legitimate, non-retaliatory justifications for taking the alleged actions.”

Superior Court Judge Scott Chadwick disagreed and in an Oct. 1 ruling, wrote that "the defendant is certainly incorrect that the plaintiff did not suffer an adverse employment action, at least with respect to the fire lieutenant position."

The ruling prompted the city's attorneys to seek a postponement of the trial, which had been scheduled to begin Nov. 3 in New London Superior Court, records show.

"With the recent summary judgment ruling, the parties have engaged in active settlement discussions, but have determined mediation is necessary, the city wrote in a notice filed with the court.

Mediation before Judge Elaine Gordon is now scheduled for Nov. 4. The trial has been rescheduled for February 2027.

Brown could not be reached to comment. His attorney, Theodore Heiser, did not respond to requests for comment. City records show Brown's last day with the city was June 8.

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