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Gay firefighter claims he was demoted after coming out

By Ross Semple

A US firefighter has filed a lawsuit claiming that he was fired from his job after revealing his sexuality.

Dan Benson has worked for the fire department in Eagan, Minnesota for the last 18 years. In November of 2016, a meeting was held in which fire chief Mike Scott told the members of the department that they would have to reapply for their jobs.

When Scott asked Benson about his family life, he revealed that he lives with his husband and their son. This was the first time Benson openly discussed his sexuality at work.

A few weeks later, Benson was told that he would not be reappointed to his position as battalion chief, instead being offered an on-call firefighter job.

Benson is suing the city of Eagan and Scott over alleged discrimination based on his sexual orientation and violation of his constitutional rights.

The lawsuit alleges that Benson’s original position was filled by a straight person who is less qualified.

“Based on the timing of his being ‘outed’ and the pre-textual reasons given for his demotion from battalion chief to an on-call firefighter,” the lawsuit reads.

“It is clear that although the Eagan fire department may employ gay ‘black hat’ firefighters, defendant Scott, as chief, will not consider them for leadership positions.”

The lawsuit asks for damages in excess of $50,000. In response to the lawsuit, fire chief Mike Scott said: “Our decision was based on the interview and past work product—it wasn’t based on anything but that. I was shocked that somebody would accuse me of something like this.”

The city of Eagan disputes the allegations. In a statement, the city “denies any discrimination” took place, and claims that they “engaged in a proper process” in the consolidation of the city’s fire stations from six to three.

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