Fire chief gets fired for following orders, now fights back

(Photo by U.S. Air Force Airman 1st Class Helena Owens)

The full 9th U.S. Circuit Court of Appeals is being asked to weigh in on the controversy surrounding former Stockton, California, Fire Chief Ron Hittle, who went out and took a leadership training course after the city insisted he get the schooling, but then was fired because the world-renowned course was held in a church.

Officials with First Liberty Institute, joined by lawyers with Baker Botts and the Church State Council, are seeking the en banc rehearing after a three-judge panel on the appeals court said the Stockton Fire Department could fire Hittle for getting more training.

"Firing Chief Hittle for attending a world-class leadership conference attended by thousands simply because it was associated with religion is clear evidence of illegal religious discrimination," said Stephanie Taub, of First Liberty. "We urge the Ninth Circuit to grant rehearing en banc to fix the panel’s dangerous ruling."

The filing notes the case precedent now fails to align with other discrimination standards and further, "creates a split" among appeals courts on the dispute on the presence of "animus" in the fight.

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"This error is compounded by the panel's approval of religious discrimination when based upon the 'perception' of others," the appeal said.

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Hittle lost his job at Stockton, after 24 years, because "he attended a religious leadership conference while on the clock. Although the city asked Chief Hittle to attend a leadership training course, it opened an investigation after he attended Willow Creek Community Church’s Global Leadership Summit, a world-class conference with speakers from a variety of religious and non-religious backgrounds, including Jack Welch, former CEO of General Electric, and Super Bowl winning coach Tony Dungy," First Liberty explained,

Other speakers include Sheryl Sandberg of Facebook and former President Bill Clinton.

The city claimed Hittle's training was a "religious event" while he was "on duty."

But, First Liberty charged, the court erred by ignoring Supreme Court precedent in Kennedy v. Bremerton School District and when it allowed the "perception of others" to justify its religious discrimination.

"The court also held religious claims to a more difficult legal standard than other kinds of discrimination. Chief Hittle’s legal team is seeking review of this decision, to safeguard the religious freedoms of all Americans in the workplace," First Liberty said.

The circumstances aren't complicated: In 2010, a deputy city manager in Stockton, California, told Hittle and his staff to attend training.

"Knowing that budget cuts limited their options, Hittle ruled out several out-of-state training opportunities, and instead, focused on trainings closer to home. That’s when he came across Willow Creek Church’s Global Leadership Summit in a business magazine. The event had great reviews, and the fact that it was broadcast to sites around the world—including Hittle’s home church—made it an affordable choice for Hittle and his team," a report on the case explained.

Four members of the staff paid for the conference themselves, and attended. Hittle logged the event on the city calendar so all were aware of the plan.

"Yet after the Global Leadership Summit, the same supervisor who asked Hittle to attend leadership training confronted him and said it was unacceptable that he attended a Christian-affiliated seminar," a report said, even though the attendees "attested to the exceptional leadership advice they received from the conference."

After his dismissal the the Equal Employment Opportunity Commission gave him the right to sue the city, and the case claims the city violated Title VII of the Civil Rights Act.

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