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Nov. 30--A white firefighter who filed a racial-discrimination lawsuit against the City of Buffalo two years ago is in line to get a $110,000 settlement.
In the federal case, Richard D. Zarbo contended that he was told by his superiors to "reprimand or mistreat" black firefighters and that he was discriminated against when he refused to follow those instructions.
Zarbo accused the city of denying him overtime and other increases in pay, filing departmental charges against him without any detail, and ultimately firing him in the spring of 2008 without a proper hearing.
"I believe I have been the victim of discrimination and retaliation," Zarbo said in a complaint filed with the Equal Employment Opportunity Commission prior to the lawsuit.
The settlement with Zarbo, which was recommended by the city's Law Department and approved by the Common Council earlier this month, is separate from the discrimination case filed by 13 white firefighters over civil service test results that were thrown out in 2005 and 2006. That case is in the damages phase in State Supreme Court.
Harvey P. Sanders, Zarbo's attorney, declined to comment.
Zarbo joined the Fire Department in 1985 and is a former Lancaster town councilman. His complaint with the EEOC was dismissed in November 2008.
In his lawsuit, Zarbo alleged that an incident occurred in which he was scolded by a superior for wearing a winter cap that was not part of his official uniform. Wearing a blue knit cap is common among firefighters, according to the suit.
That incident led to Zarbo being escorted off the firehouse property, which led him to experience blurred vision and an increased heart rate, and ultimately to a six-hour emergency room stay, his lawsuit said.
Zarbo, who was working at Engine 44, is now back on active duty, Assistant Corporation Council Timothy A. Ball recently told lawmakers.
A pattern of Zarbo being written up for work-related incidents began in 2003, Ball told the Council's Claims Committee on Nov. 9.
Fire union President Daniel M. Cunningham said the union was not involved in the lawsuit.
The city's state-appointed control board must approve the payment.
