Former Atlanta Fire Chief Kelvin Cochran’s federal discrimination complaint against the city, claiming he was fired over his religious beliefs, could be costly and uncomfortable for the city even if it is found to have acted lawfully.
Cochran, in a complaint filed with the Equal Employment Opportunity Commission this week, contends he faced religious discrimination when Mayor Kasim Reed fired him after he published a book aimed at Christian men that contained controversial statements about homosexuality.
The complaint is a first, required step needed to file a lawsuit against the city. But it sets the stage for what could be a long legal battle after what has been a high-profile public debate over religious freedom and diversity.
On the one hand, Cochran’s cause is being taken up by the Alliance Defending Freedom, an organization armed with legal counsel and the ability to raise money. On the other, Reed has been resolute in his belief that he acted within the law and has pledged to defend the city.
If the complaint is determined to have enough merit to proceed, it could be “time consuming and far reaching,” said Atlanta labor lawyer Thomas Cox, noting Reed and top administration officials, like any employer subject to a discrimination claim, could face a potentially costly discovery period that would require them to produce documents and testimony.
Reed fired Cochran over his distribution of his book, which condemns homosexual acts as “vile, vulgar and inappropriate,” at work.
City spokeswoman Anne Torres said the City intended to defend Reed’s decision to fire Cochran “whether, through the EEOC administrative process or in any other appropriate forum.”
The EEOC typically investigates a discrimination complaint to determine whether it plans to bring action on behalf of the plaintiff in federal court.
Reed has contended he didn’t fire Cochran because of his expressed religious viewpoints but for not obeying rules, including not getting clearance to write the book and failing to remain quiet while the city investigated him.
Cochran attorney Jonathan Crumly disagrees. He contends Cochran’s self-published 2013 book, “Who Told You You Are Naked?” is a constitutionally protected expression of Cochran’s religious beliefs.
“Americans are guaranteed the freedom to live without fear of losing their jobs because of their beliefs and thoughts. We are continuing to evaluate all available legal options to vindicate Chief Cochran after his unjust termination,” said Crumly, who is allied with the Alliance Defending Freedom.
Cochran, a deacon at Elizabeth Baptist Church, said in his EEOC complaint that he did get permission from the city’s ethics office to publish the book but was later told he also needed the mayor’s permission and that he had also violated “unspecified policies.”
He said top city officials told him that their investigation showed "zero" instances where he had discriminated against anybody as chief but that because "my faith influenced my leadership style" he would have to lose his job.
Employers are bound by federal law to make accommodations of an employee’s religious beliefs, Cox said. That is most often seen in employers granting time off for prayer during the day or days off for religious observances. Whether writing a book is a protected expression of religious faith would have to be determined by the court, he said.
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