A jury in U.S. District Court found that two female employees of the El Paso Fire Department were subjected to a hostile work environment after they complained about not having equal access to bathroom facilities.
The verdict -- awarding Cecilia Aguirre, a paramedic, and Isabel Burke, a firefighter and medic, $15,000 each for their mental anguish related to the hostile working environment -- was announced after nearly eight hours of jury deliberations.
"We are very happy," Aguirre said outside the courthouse. "I hope there are a lot of women who take this and say, 'Yeah, we can voice our opinions and our concerns and somebody is going to listen.' "
Aguirre and Burke, who are still employed with the department, sued in 2003 after exhausting procedures within the department for filing complaints.
In the lawsuit, the women said they were not provided with adequate restrooms, changing areas and showers at the airport fire station because they were female. They further claimed that after voicing their concerns to Fire Department officials, they were subjected to a hostile work environment.
The issue of whether the department's practice of not having separate bathroom facilities at the airport fire station is discriminatory against women will be decided by U.S. Magistrate Michael McDonald, who is presiding over the trial. McDonald is not expected to issue a ruling for at least four weeks.
Attorneys for the city deferred their comments to Juli Lozano, the city's spokeswoman. Lozano said the city officials will "explore our options for an appeal."
"The city of El Paso and the El Paso Fire Department believe the workplace policies that are already implemented are appropriate and effective," Lozano said.
Francisco X. Dominguez and John Wenke, who represented Burke and Aguirre, said the jury's verdict is vindication for their clients, who have been ridiculed for taking a stand to try to improve the working conditions at the Fire Department for all females.
They said 15 of the Fire Department's nearly 790 uniformed employees are female. The department has 31 stations, but only 10 of those have restrooms permanently designated solely for women. The airport fire station, which was at the center of the lawsuit, has four bathrooms, none for the sole use of women.
Aguirre and Burke said they wanted the jury to determine monetary damages for their anguish.
But by law, their lawyers had to give jurors a recommendation. During closing arguments, Dominguez asked jurors to consider awarding them $150,000 to $200,000.
"It was never about the money. ... I just hope they all realize that women in the department need to have equal amenities and as long as we have equal amenities everybody is happy," Aguirre said.
Burke, who quietly shed some tears during closing arguments, was all smiles after the jury's verdict was issued. "I'm elated. I mean, we won and it was a big step for women in the Fire Department," Burke said.
