Former firefighter sues RRFR for sexism, wrongful termination

RIO RANCHO — A former Rio Rancho legacy firefighter is suing Rio Rancho Fire and Rescue, Chief James Defillippo, city of Rio Rancho human resources representative Loyola Martinez, Chris Mandeville and Jeffery Wenzel, citing a series of sexist incidents and behaviors she allegedly endured during her career with the department. She also claims human resources “failed to investigate” her complaint of discrimination.

Deirdre Maurino and her lawyer filed the case with the Equal Employment Opportunity Commission (EEOC) Sept. 20. She was allegedly terminated nine days after the filing, and the case was taken to the 13th Judicial District Court Dec. 5. The case was sent to federal court Jan. 10, where RRFR filed an answer to Maurino’s complaint Jan. 17. The Case was kicked back to state court Feb. 4.

Maurino’s complaint cites violations, including sex discrimination, wrongful termination, the New Mexico wage payment/minimum wage act and the New Mexico whistleblower protection act. Maurino said when she attempted to consult human resources about her complaints, she was dismissed without any real investigation into her claims. Some of the relief she is seeking includes compensatory, statutory, punitive and any other damages; injunctive relief; attorney’s fees and costs; interest.

RRFR and the city claim in their response that Maurino’s allegations do not entitle her to relief, that her investigation and termination were based on a legitimate business purpose and it was justified. They also claimed sex had nothing to do with it, that Maurino made no attempt to report discrimination or whistleblowing to management and she cannot prove truth when it comes to the alleged discrimination and retaliation.

The Observer reached out to the city of Rio Rancho and Defillippo regarding the allegations. Both said city staff do not comment on litigating matters.

In an interview with Maurino about the lawsuit, she mentioned she had some warning about what her treatment would be like due to her sex, where derogatory terms would be used to define female firefighters on the basis of if they flirt back when they are hit on by male peers or refuse to play along. Maurino said she would go on to earn her label for the latter at firefighter academy, where some of her first experiences listed in the lawsuit occurred.

She said the academy is built to break a person’s spirit but that didn’t stop her from beating the odds as a small 24 year-old. Her male peers and instructors didn’t like that, she said.

“I would do what are called ‘bunker drills,’ when you put everything on as fast as you can in under 30 seconds, and I would win consistently,” she said in the interview while discussing one of incidents outlined in the complaint. “One of the academy’s instructors would get mad every time. He would yell at the other cadets saying, ‘Are you gonna let that little bitch beat you again?’ and then they would make us do it over again until one of them would beat me.”

She also allegedly had instructors pull her aside, questioning her motives for becoming a firefighter. The complaint added that she was told she would “put her brothers in danger” if she wasn’t sure about her career. According to her, those instructors have since left Rio Rancho.

Another experience Maurino cites in the suit deals with rooming at a fire station. She said a male firefighter refused to room with her, despite the room being partitioned for privacy.

“I got there and the man that they roomed me with didn’t want to room with a woman and said that he didn’t feel comfortable rooming with me,” she said.

Then, she said, the captain in charge had her moved to a cot in the station hallway, the suit alleges. Maurino described the cot to be like those used in the TV show “M.A.S.H.,” saying it was uncomfortable to sleep on.

After she went to a different captain, an investigation ensued and Maurino was moved to a station that made it difficult for her to be promoted to her desired position as an engineer. “This appeared to be, and felt as though it was, a punishment, and was clearly because of her sex,” the filing states.”

Additionally, according to Maurino’s suit, the need for paramedics was high so there was a push to send RRFR members to paramedic school. Despite applying many times for paramedic school, she said men were always sent instead.

“For two years they chose men with less seniority than me, less experienced, and sent them instead. I ended up finding my own program with UNM and that’s how I ended up being able to go to paramedic school,” she said.

According to the suit, this became a problem when she was trying to become a captain. She explained most often she would be told she couldn’t be promoted because of her paramedic status.

She also alleges in the suit that she had ideas for changes within the department that were shot down and when she opposed ideas from the department, she wasn’t heard.

One example she gave was her idea for a mentoring program for new, often young, recruits so they weren’t going out on EMS calls by themselves.

“I had a target painted on my back there for a while. Every little thing I did seemed to draw attention from administration. I felt like I was being targeted. I was constantly getting write-ups that nobody else was getting written up for, that they were doing the exact same thing. I was being watched,” she said.

Maurino claims department administration would investigate things there was no complaint for and then a complaint would be added later.

“I sought help from (a lawyer). We filed with the EEOC, and about nine days after we filed with the EEOC, they terminated me,” she said.

Leading up to her termination, she was put on administrative leave for an investigation, though no details of the specific allegations were given to her, according to the suit. During that time, she was given tasks at Station 1, the administrative station, such as delivering boots, scrubbing toilets, cleaning out a shed in the middle of winter and more. “These tasks felt designed to parade Ms. Maurino around her coworkers and humiliate her,” the suit states. “In the 11 years of her employment at RRFR, Ms. Maurino had never know of or witnessed anyone on administrative leave being subjected to such clear humiliation in front of their peers.

Maurino’s suit also alleges issues with a captain during this time.

“I had a problem with a captain who didn’t really like that I didn’t like being touched. Every time he would do it, I would tell him not to do it. Throughout my main career, I had several conversations with him. He has had other people complain about the same thing. When I was put on administrative leave, that is the captain they assigned me to for all of those tasks,” she said, with the lawsuit noting he would often come check on her, “often inappropriately touching her lower back and making her uncomfortable.”

“I would make the comment when he did it, ‘Please don’t touch me. I don’t like that. Please don’t call me that. My name is Deirdra, not honey.’ That was a pretty consistent problem throughout my entire career,” she said in the interview.

The reason she was allegedly given for termination was that a patient she performed life-saving measures on a person died at the hospital she brought them to. RRFR allegedly used this to claim gross negligence with surveillance footage of her standing in the hallway where the patient was. However, she said the patient died five days after she dropped them off at the hospital.

She said the termination changed her life forever.

She said that termination from a fire department is career-killing, especially for women. “Ms. Maurino’s illegal termination from RRFR has made it more difficult for her to find other employment in her field,” the suit states.

“I have to go back through that boot camp I went through when I was 24. Now I’m 36 and I have sustained injuries from firefighting for the last 11 years. I have back injuries, I have shoulder injuries, I have arm injuries all over my body over from the last 11 years. I’m not going to be the top of the class again at a new academy as a 36-year-old,” she said during the interview.

Despite many attempts to find a job, she struggled to get one. It took her moving to another state to find one.

Now, her concern lies with the remaining female firefighters at RRFR. She says since her termination some of the women have quit.

“I just don’t understand why they’re treating women this poorly,” Maurino said.

When she wasn’t defending herself, Maurino says she was advocating for her fellow women firefighters.

“There’s no one there protecting them anymore. That’s my biggest motivation for this, because I’m not there anymore. I can’t be there to protect the women that are still there,” she said.

The worst part for Maurino is her dad’s legacy. She said an important part of that legacy was getting his man number, and when she was terminated, that number went to someone else.

“I feel like my dream is probably dead, and they killed it,” she said.