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Ex-St. Pete Firefighter Files Gender Discrimination Suit

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: September 26, 2008

Updated: 09/26/2008 04:54 pm

TAMPA - The first female firefighter and paramedic for St. Petersburg has filed a federal lawsuit against the city charging gender discrimination.

Diane M. Berkheimer worked for the city from 1982 until her disability retirement in June 2007, according to the complaint, which attributes the disability to emotional and physical problems she developed because of discrimination. The suit states that she developed post-traumatic stress disorder and migraine headaches as a consequence of long-term ill treatment.

The lawsuit charges that the city has a "custom and policy of sexually harassing female firefighters and female firefighter/paramedics" and of "retaliation against employees who complained of sexual harassment and against officers who reported witnessing it."

Until June 2003, Berkheimer worked at Station 8, where she endured years of sexual harassment, the complaint states. After she complained that her supervisor had harassed her and put his hands on her body, he was investigated and suspended for "highly inappropriate" conduct, the complaint states.

Berkheimer then transferred to Station 11, with the expectation she would be moved to Station 9 in a few months, but that transfer was blocked because of her gender, the complaint states.

She was then transferred to Station 13 because she faced a risk of exposure to her former supervisor at Station 11, the complaint states, describing the Station 13 assignment as "a further act of retaliation." It describes the working conditions at Station 13 as "more onerous."

She was denied another transfer and retired "after the defendants' harassment and retaliation rendered plaintiff unable to perform her duties," the complaint states.

Assistant City Attorney Pam Cichon said the city had not received a copy of the lawsuit, so she declined comment.

In November 2007, Berkheimer filed a complaint with the U.S. Equal Employment Opportunity Commission, which usually is a precursor to a federal lawsuit.

In June, the EEOC concluded it had not found enough information to show any evidence of sexual harassment or a hostile work environment.

As she does in the lawsuit, Berkheimer alleges in the complaint she was sexually harassed by a supervisor and was moved to one fire station but was not allowed to work in others she preferred.

Reporter Stephen Thompson contributed to this report.

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