“Sufficient evidence” in lawsuit against Berlin Fire Company

An $8 million lawsuit alleging discrimination on the part of the Berlin Fire Company has cleared a major hurdle in court.

Last week, the U.S. District Court in Baltimore ruled that there is enough evidence for the case to move forward.

The case centers around Zackery Tyndall, a former paramedic and volunteer firefighter, who alleges that certain members of the Berlin Fire Company repeatedly harassed him with homophobic slurs during his tenure from 2008 to 2013, both inside and outside of the workplace.

Tyndall says he was eventually fired for reporting the activity.
The defendants say they were engaging in what they call “firehouse banter” — and that Tyndall did as well.
Lawyers for the defendants reportedly wanted the case dismissed based on a lack of evidence, but the judge ruled that there is enough.

About the alleged discriminatory behavior, U.S District Judge Ellen Hollander writes:

“A reasonable juror could find that such conduct was deliberate, intentional, and outrageous. And, in light of its continuous nature over the course of multiple years and environments, a reasonable juror could determine that it was extreme, beyond any typical workplace offenses or indiscretions, and ‘utterly intolerable in a civilized community.'”

The 63-page ruling means only that the judge thinks there is enough evidence for the case to move forward. It is not a ruling of guilt on anyone’s part.

Tyndall’s lawyers tell 47 ABC they will push again for a settlement, but if it goes to trial, it would likely happen within the year.