The firefighter filed a suit claiming members of the department retaliated against him for making a complaint about a captain
TRENTON - A former Trenton firefighter has been awarded $750,000 following a civil trial stemming from the lawsuit he filed against the fire department alleging he was retaliated against after complaining about a racial slur he overheard.
The Mercer County Civil Courthouse at 175 S. Broad St. in Trenton. (Martin Griff | Times of Trenton) Jesse Diaz alleged a fellow firefighter was talking on the phone in 2012 when he made the slur. When Diaz made his concerns known to superiors, he was harassed and forced into retirement, according to the lawsuit.
Diaz was awarded the $750,000 after a six-person jury ruled in his favor this week. He filed the lawsuit in 2014.
"He was being villainized," said his attorney, George Dougherty. "He loved being a firefighter. He would love to be able to set the clock back."
Diaz contended that he initially complained to his captain about the slur, but was told the issue would be handled "in house." Unsatisfied with that response, Diaz reported the incident to Trenton fire chiefs, the suit said.
Fire director testifies at trial
After he made the report, Diaz faced retaliation. He was given "low man" tasks - like cleaning for hours on end, despite being a senior firefighter. He eventually retired in 2014, the suit said.
The civil trial started in August and continued through most of September. Multiple members of the fire department, including city Fire Director Qareeb Bashir, testified.
In the end, Dougherty said the jury came to correct decision.
They rejected Diaz's claim that he experienced a loss of future income because of his retirement, but agreed that he suffered past and future emotional distress, Dougherty said.
Diaz was awarded a total of $500,000 for the emotional distress and an additional $250,000 in punitive damages, the jury ruled.
Anna Merriman may be reached at amerriman@njadvancemedia.com. Follow her on Twitter @anna_merriman.