BROOKLINE, Mass. — FOX25 Investigates obtained a piece of evidence in a federal lawsuit alleging racism and discrimination in the town of Brookline.
“I was pretty aggravated because I looked at this guy in a different light,” said Brookline firefighter Gerald Alston.
He said he was surprised and hurt when he started getting calls after he was hurt on the job in 2010.
"People saying, ‘they’re talking about you. They’re saying you’re not really hurt,” he said.
He said his superior, Paul Pender, Jr., who is white, called and left message, calling him the N-word.
Alston filed a complaint with human resources and the town suspended Pender for two tours, or two 24-hour shifts.
However, the town also put his promotion to captain through and a short time later Pender was sent to the White House to receive a medal of honor for bravery in an April 2008 fire.
Town administrator Mel Kleckner refused to comment, calling it a “non-issue.”
However, town counsel Joslin Murphy emailed FOX25 Investigates that "at the time, Lieutenant Pender was [already] on the civil service promotional list... (and) was not promoted by the Board of Selectmen to the position of Captain until May 2013."
FEDERAL LAWSUIT
Brooks Ames represents Alston in a federal class action lawsuit against the town.
"The town of Brookline knew that this lieutenant had called Gerald the N-word. They still promoted him first, and then they sent him to the White House and they had Eric Holder, the first black Attorney General of the United States, put a medal over his head,” said Ames.
FOX25 went to the fire house to talk to Pender, but we were told he was out on leave. When FOX25 went to his home, we were told he was not available to talk. Additional attempts to talk to Pender went unanswered.
Two Brookline police officers have since filed complaints with the Massachusetts Commission of Discrimination and 5 other town employees are plaintiffs in the federal lawsuit.
The suit claims Brookline has a “longstanding and well-established policy, custom, and practice of opposing racial equality… favoritism towards white residents and employees, and retaliating against persons who protest racial discrimination.”
Brookline Response
Murphy said the town has conducted a racial climate review and sensitivity training in the fire department, stating “the town has tried very hard to be sensitive to his (Alston's) concerns and at the same time act responsibly toward all town employees."
The town admitted it did not have a specific racial discrimination policy in 2010 and used their sexual harassment policy guidelines.
However since then, they have reconstructed it.:At the time, Lieutenant Pender was on the civil service promotional list...was not promoted by the Board of Selectmen to the position of captain until May 2013. The town has tried very hard to be sensitive to his concerns and at the same time act responsibly toward all town employeses," said Murphy via email.
For Alston, the trust is broken.
“Do I trust them? No,” he said. “I trusted this lieutenant. I put my life in this lieutenant’s hand and I trusted what he said.”