A Virginia deputy chief who resigned in February after being demoted to battalion chief, has filed suit alleging race discrimination, gender discrimination, and retaliation. Tiffanye Wesley filed suit against Arlington County this week in US District Court for the Eastern District of Virginia.
Chief Wesley claims that after she raised concerns about gender and race discrimination, she was subjected to increasing scrutiny and repeated investigations, culminating in a decision to demote her effective on January 26, 2025. In response to the demotion, she resigned on February 7, 2025. She characterizes her resignation as being a constructive termination.
Quoting from the complaint:
- ACFD named Wesley Personnel Services Deputy Chief in or around October 2020.
- Wesley’s duties included staff supervision, administration of policies and procedures, planning and directing Health and Safety activities, recruitment, fire training academy, professional development, discipline, payroll, equity and inclusion, and promotions.
- Wesley commenced an investigation into sexually explicit texts sent to an ACFD employee from a burner phone in or around October of 2022. Harassing texts from burner phones are a longstanding and ongoing problem at ACFD, and ACFD employees have received texts from a burner phone since as far back as 2012. The County Manager and the general public are aware of these harassing texts and sexually explicit emails sent to members of ACFD, and local media has publicized the problem.
- Wesley became Support Services Deputy Chief in or around May of 2023.
- Wesley and 31 female members of ACFD sent a letter to the Arlington County Manager and Arlington County Board on or around August 28, 2023, objecting to the way investigations into sexual harassment and gender discrimination were handled at ACFD.
- Wesley’s and the other female employees’ letter reported that female ACFD employees experienced sexual harassment and gender discrimination, and it listed several sexual harassment claims. Wesley was the highest-ranking female ACFD employee to sign the letter.
- ACFD senior leadership isolated and excluded Wesley from critical meetings and no longer disseminated critical information to her after she signed the female employees’ letter that reported that female ACFD employees experienced sexual harassment and gender discrimination.
- Wesley met with 14 other female ACFD employees who signed the letter on a Zoom call on or around September 7, 2023, to discuss concerns that the allegations in the letter were not factually accurate.
- An attendee implied during the Zoom meeting that Wesley did not do enough to investigate claims of sexual harassment when she was Personnel Services Deputy Chief, and Wesley explained that she had investigated all claims that came to her during her time as Personnel Services Deputy Chief. The meeting became emotionally charged, and Wesley made a vulgar comment.
- Wesley [submitted]… a letter withdrawing her name from the female employees’ letter that reported that female ACFD employees experienced sexual harassment and gender discrimination on or around September 10, 2023, and in Wesley’s September 10, 2023, letter … she reported systemic racism and sexism at ACFD.
- Specifically, Wesley alleged that there was a “good ole boy network” at ACFD and reported that some members of ACFD “devalue, bully, harass, and discriminate against women, minorities, and LGBTQ” employees.
- [Fire Chief] Povlitz sent Wesley’s September 10, 2023, letter to the Arlington County Manager and the County Board, and Povlitz and [Assistant Chief] Jenkins subsequently told Wesley on or around September 12, 2023, that an employee had submitted a complaint alleging that Wesley created a hostile work environment, engaged in intimidation, and failed to do her job.
- ACFD issued Wesley a notice of investigation on or around September 15, 2023.
- The notice did not indicate why ACFD was investigating Wesley.
- ACFD subsequently issued Wesley the lowest rating on a performance review that she had ever received in or around December of 2023.
- Although ACFD members are supposed to meet with their reviewers prior to receiving their performance review, Jenkins gave Wesley her review without a meeting.
- Povlitz called Wesley into his office and notified her that she had another allegation against her and a possible additional four allegations on or around April 2, 2024.
- Povlitz did not tell Wesley the subject of these allegations or who brought these allegations.
- Wesley emailed Povlitz on or around April 22, 2024, and reported that it was not fair that ACFD would not tell her the subject of the additional allegations that were being brought against her.
- Wesley filed a complaint with the Equal Employment Opportunity Commission on or around April 22, 2024, alleging that ACFD discriminated against her from October 30, 1994, to April 8, 2024, based on color, race, retaliation, and sex.
- Wesley also alleged that ACFD retaliated against her after she signed the female employees’ letter that reported that female ACFD employees experienced sexual harassment and gender discrimination and after she objected of the placement of firefighter Matthew White in her area of responsibility after he was relieved from duty due to multiple allegations of harassment and sexual harassment.
- Wesley also alleged that ACFD retaliated against her by investigating frivolous claims against her, giving her an unfairly low performance review, reducing her performance-based pay increase, notifying her of additional complaints without any information pertaining to allegations, and denying travel and per diem reimbursement.
- In or about May of 2024 the AFCD gave Wesley the report from its November 2023 investigation into the September 2023 charges against her.
- The report states Wesley had in fact engaged in misconduct by sharing information learned solely by reason of her position.
- ACFD issued Wesley a notice of allegations on or around June 6, 2024, while she was on approved vacation leave.
- Povlitz sent Wesley a text while she was boarding her plane to inform her of the notice of allegations.
- Povlitz told Wesley that she needed to respond to the allegations by a date that fell while Wesley was on vacation.
- Wesley, through counsel, immediately asked for an extension until June 24, 2024, to respond to the allegations.
- Wesley, through counsel, submitted a response to the June 6, 2024, allegations, and Povlitz issued Wesley a notice of recommendation to demote on or around July 18, 2024.
- Wesley took workers’ compensation leave after returning from vacation until October of 2024 to deal with an aggravated neck injury, as the stress of ACFD’s investigations into the charges against Wesley aggravated a previous neck injury.
- Wesley took sick leave in or around October 2024 and is on sick leave to the present time.
- Wesley attended a factfinding on or around December 16, 2024, on the notice of proposed demotion, and [the fire chief] issued a factfinding report on or around December 27, 2024, in which he again recommended Wesley’s demotion to the rank of battalion chief.
- Wesley responded to the proposed demotion on January 2, 2025, and the County Manager decided to demote Wesley to battalion chief on or around January 15, 2025. Wesley’s demotion became effective on January 26, 2025.
- ACFD’s constructively discharged Wesley on February 7, 2025.
Here is a copy of the complaint:
