Firefighter Files New Sexual Harassment Suit Against Fairfax County

A Fairfax County firefighter has filed a new case after a judge threw out her $6 million sexual harassment lawsuit against the county because she failed to provide enough evidence.

“We only had eight instances of sexual harassment and he wanted more,” said Ellen Renaud, the attorney who is representing Stacey Bailey. Bailey filed a suit last September alleging several incidents of sexual harassment by firefighters that she has worked with in Fairfax County.

In a separate case, Renaud also represents Mary Getts Bland, a former Fairfax County firefighter who was awarded $250,000 by a jury last month, after suing the county for continued sexual harassment throughout her career in the fire department. The county has appealed the verdict.

Jeremy Lasich, a spokesman for Fairfax County, said it is against county policy to comment on pending litigation.

In Bailey's case, she claims her constitutional rights under the 14th Amendment were violated. The complaint states, the “fire department tolerated and fostered a hellish working environment for her and many other female firefighters.”

Her complaint also argues that she suffers from “severe and permanent lung burn” after a supervisor ordered her to ignite flammable liquids for a safety video without wearing protective face gear.

The suit was set to be tried by a jury on Monday, but will not proceed after U.S. District Court Judge Gerald Bruce Lee granted Fairfax County’s motion for summary judgment on June 3.

Renaud said the judge agreed that the instances of sexual harassment outlined in the complaint were “egregious,” but ruled they did not amount to a “custom” of sexual harassment on the part of Fairfax County.

Renaud and Bailey filed another case against the county on June 9. This complaint claims Bailey’s civil rights were violated under Title 7 of the Civil Right Act of 1964.

“It doesn’t have as stringent requirements as the constitutional case we filed earlier,” Renaud said.

Renaud and Bailey are considering appealing the decision for summary judgment of their constitutional case against the county.

In the appeal of the Bland verdict, the county claims Bland filed her discrimination charges more than 300 days after the last act of harassment. This violates the standard established by the Equal Employment Opportunity Commission, the county argues in court records.

In court Friday morning, U.S. District Court Judge James Cacheris said he would take the county's argument under advisement.

But Bland said the appeal doesn't bother her — neither does the fact that $250,000 hangs in the balance.

"For me, it's over because I needed a verdict and that's what I got," Bland said.