Fairfax County Firefighter Sues for Sexual Harassment: Reports

FAIRFAX COUNTY, VA -- After Fairfax County firefighter Nicole Mittendorff commited suicide allegedly due to comments made about her in an online forum, another female firefighter working at the department is suing for sexual harassment, according to severa media reports.

Magaly Hernandez, who is currently working as a firefighter for Fairfax County, is suing the fire department, claiming years of sexual harassment. She is being represented by Ellen Renaud of Swick & Shapiro in Washington, D.C. A call to the attorney Friday for comment was not immediately returned.

"We cannot comment on a pending lawsuit," Fairfax County spokesman Tony Castrilli said Friday. "However, we want to assure our community that harassment of any kind is not tolerated by Fairfax County. Fairfax County has written policies that prohibit harassment, and all county employees are required to participate in training regarding sexual harassment and hostile work environments. Allegations of harassment are taken seriously and fully investigated. Anyone who is proven to have participated in this type of unacceptable behavior is subject to disciplinary action, up to and including termination.“

Hernandez contends in her lawsuit that she was sexually harassed by her boss, Captain Jon Bruley, and that a friend of his retaliated when she complained by making false allegations about Hernandez.

Fairfax County Fire and Rescue employee, Guy Morgan, whose job is to investigate workplace complaints, "conducted an inept investigation" based on the false allegations made by Bruley's friend, which resulted in a reprimand of Hernandez, according to a report by WTOP.

Morgan reports to the Personnel Services Bureau, according to the County. His title is Professional Standards Officer. His job is to investigate internal and external complaints against the fire department employees.

Meanwhile, Morgan, who is also named in the lawsuit, is facing complaints from firefighters because he often posts photos of scantily clad women on his personal Facebook page, according to a report by WUSA-9. A look at his Facebook page shows numerous such photos.

Although complaints were allegedly made to Fire Chief Richard Bowers Jr. weeks ago about Morgan's lewd photos, Bowers only reassigned Morgan recently, according to the WUSA-9 report.

The County said that Bowers told Morgan the photos were "inappropriate."

The fire chief was told about the photos "weeks ago," by at least two other people who complained about them, WUSA reported.

"The guy's title is professional standards officer," Mike Mohler, the president of the Virginia Professional Firefighters' Association, said of Morgan. "The [lewd] pictures [posted on Facebook] are totally contradictory to the title he holds."

Here's a description of the fire department's Professional Standards Office:

As a professional public safety agency, the Fire and Rescue Department and its employees are held to a higher standard of integrity than the community it serves. The department has established the Professional Standards Office to help maintain this level of integrity and professionalism.

All employees are subject to the department's Rules and Regulations and to Fairfax County's Personnel Rules and Code of Ethics. The Professional Standards Office will respond to any credible information concerning misconduct by department employees, and is charged with the responsibility of investigating any serious allegations of misconduct involving an employee.

Through the use of various investigative techniques, the Professional Standards Office gathers the necessary information needed to determine the truth surrounding an allegation. The employee's rights are important and are protected through any investigation, along with the integrity and confidentiality of the investigation itself.

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