A state court has breathed new life into a black Brookline firefighter's complaint that he faced racial discrimination from within the town’s fire department, and the case against the town must now be reopened.
The Massachusetts Civil Service Commission ruled a year ago that Brookline could terminate firefighter Gerald Alston, who had alleged on-the-job racial discrimination. Alston had been on leave after filing his discrimination claim, and Brookline had set conditions for his return to active duty, including that he undergo therapy to help him deal with stress on the job. But Alston argued it was years of racial hostility within the department that caused the stress, and he refused the therapy and other conditions.
The commission concluded that Alston was justly terminated for refusing the conditions.
But Superior Court Judge Douglas Wilkins overturned that decision last week, saying the commission needs to reopen the case and hold a hearing to investigate the allegations of racial harassment before deciding whether Alston's firing was justified.
"The undisputed facts of record ... would support (and might compel) a finding that Alston was the victim of overt racism and official tolerance of a racially hostile environment in the Brookline Fire Department," Wilkins wrote. The town, in setting conditions for Alston's reinstatement, was essentially requiring him to prove "his ability to return to and endure an unlawful, racially hostile environment," the judge said.
Wilkins said there is no way to dismiss Alston's claims of racial harassment until the claims are thoroughly investigated. He did not set a deadline for the commission to convene a hearing.
Neither the Brookline town administrator's office nor the civil service commission responded to requests for comment.
The Brookline Police Department has also faced allegations of racial harassment, and two officers were fired last yearwhen they refused to return to work, claiming it was a hostile environment.
