15 « December « 2021 « chicagoareafire.com

Excerpts from the patch.com:

The estate for a Hinsdale firefighter who took her own life is suing the village and her supervisor, alleging she was the victim of discrimination based on sex.

Nicole Hladik, a graduate of Lyons Township High School, was 25. She was the only female firefighter in the department and the third in its history. Hladik, who died July 21, 2020, started with the department in 2019. Her husband, Daniel Zaborowski, the court-appointed administrator of Hladik’s estate, is named as the plaintiff in the federal lawsuit.

According to the lawsuit, Hladik wrote shortly before her death, “Work has destroyed me” and “I cannot take one more single day. Almost everyone at work will only be relieved.” The lawsuit said she added, “P.S. You’re welcome Lieutenant, I’m gone. I’m no longer your problem. You win.”

In a statement on Tuesday, the village said it conducted an investigation into the circumstances that led to Hladik’s death, finding that the fire department treated her fairly and respectfully. During her first six months, she was assigned to the department’s Gold shift, where she regularly met and exceeded the legitimate expectations as a probationary firefighter, the lawsuit said. She was on track to complete her probation and become a permanent firefighter.

In early 2020, she was moved to the Black shift, with McCarthy as her supervisor. In that shift, the village and McCarthy engaged in a pattern of conduct to break her and force her to quit because of her sex, the lawsuit said. She faced constant hostility, hazing and abuse amounting to sexual discrimination, according to court documents. The lawsuit said the department placed terms on her employment not imposed on male firefighters. For example, it said, McCarthy publicly ridiculed her through verbal confrontations and humiliating interrogations on her knowledge of fire services, all of which was designed to make her appear inept. McCarthy also questioned her competence and told her to quit in the presence of male firefighters, according to the lawsuit.

At least one time, the lawsuit said, Hladik was required to wear a blindfold to operate a firehose in a simulated fire. She was given a failing score and told she should quit, despite the impossibility of the task, it said. As Hladik closed in on the final two weeks of her probation, McCarthy subjected her to a performance improvement plan that was calculated to embarrass her and discourage her from remaining with the department, according to the lawsuit.

The lawsuit said the plaintiff exhausted all administrative remedies through the Equal Employment Opportunities Commission, with a complaint filed in 2021.

The lawsuit maintains that Hladik met and exceeded the legitimate expectations for employment with the fire department. The village denied that contention.

No trial date has been set in the litigation. The plaintiff is seeking compensatory and economic damages.

A couple of months after Hladik’s death, the Village Board voted to authorize $60,000 to be spent on an investigation into the fire department. That limit was later lifted to $110,000. The village ended up spending $103,252 on the investigation. It was conducted by the law firm, Chicago-based law firm Cotsirilos, Tighe, Streicker, Poulos and Campbell.

In Tuesday’s statement, the village extended its condolences to Hladik’s family. It said it hired an independent investigator to examine and try to understand the circumstances leading to her death. The inquiry included internal interviews and reviews of relevant records. The investigator requested interviews with Hladik’s family to include information for the review and for any records that may shed light on the situation. Unfortunately, it said, the family declined multiple requests.

“The evidence found in the investigation reveals that Ms. Hladik was treated in a respectful and fair manner and that her performance requirements were the same as anyone in her position,” the statement said. “While Ms. Hladik’s death is a terrible loss for everyone, the evidence and interviews indicate that Ms. Hladik’s work environment was consistent with the high standards that all employees are held to by the village. The village is prepared to unequivocally refute any allegations to the contrary and aggressively defend the lawsuit filed by the Hladik family.”

The village decided to keep the investigation’s report secret, denying a Patch public records request. It cited attorney-client privilege.

The village has said little about the inquiry. In a September 2020 interview, Brad Bloom, the village’s assistant manager, said “some operational issues came to light. We thought we would benefit from an independent review. There are no allegations at this time against any particular member of the organization. There are no integrity issues.”