A lawsuit filed by a former Cary, North Carolina, firefighter in Wake County Superior Court alleging disability, race, and ethnicity discrimination has been removed to federal court. Dail Hernandez, who is identified in the suit as a 47-year-old Hispanic male, filed suit against the City of Cary and the Cary Fire Department.

The suit alleges that Hernandez, originally from Honduras, became a U.S. citizen in 2010 and was hired by the Cary Fire Department in April 2018. Quoting from the complaint:

• Plaintiff initially began work for Defendant in or about April 16, 2018.
• Plaintiff was initially hired in the position of Firefighter II.
• In or around May 4, 2018, Plaintiff sustained a workplace injury in which his right tendon was retracted from his elbow to his shoulder line. Consequently, he consulted the physician assigned to him by Defendant, who informed him he would be placed on 2% permanent disability.
• Plaintiff remained out of work for approximately 4 months through October 2018.
• As a result of his disability, his medical provider advised restrictions of not lifting more than 10 lbs.
• Once Plaintiff was cleared for duty, all prior restrictions were eventually lifted.
• Following his injury, he was given instructions to repeat an additional 8-week academy and his probationary period was extended.
• On his first day back from medical leave, he was given the same assignment that caused his injury.
• During this time period, Plaintiff was given tasks that felt purposely meant to be unreasonably difficult and unpleasant.
• Plaintiff was subjected to disparate treatment in the assignment of work tasks and in the evaluation of his work in comparison to his Caucasian and non-Hispanic colleagues.
• As an example, in or around October 2023, he requested permission from Respondent to film a video for a non-profit organization he is part of, related to Hispanic Heritage Culture month.
• Hispanic Heritage Month is designated to celebrate and educate others about culture and historical background of employees and citizens of Defendant with national origins and cultural backgrounds of Hispanics.
• Specifically, Plaintiff’s request was to allow a cameraman to follow him around and record his day-to-day tasks. This was to highlight his contributions and showcase his role as a Hispanic man in the firefighting industry, and as a public servant to his community.
• It became clear to Plaintiff following the showcase to celebrate Hispanic Heritage Month that Defendant, including members of Defendant’s management, disliked Plaintiffs actions.
• Throughout his employment, he consistently heard discriminatory commentary from Captain Chris Hamlin. Specifically, Captain Hamlin indicated he did not want to speak about Plaintiffs national origin, “I don’t want to hear about your culture. “
• Plaintiff was subjected to continuous negative and derogatory comments about people of Hispanic race, immigrants to the United States, Spanish speaking persons, and individuals from Central American countries, like the Republic of Honduras.
• Additionally, Captain Hamlin told Plaintiff he did not want Plaintiff to speak his native Spanish language to others. Specifically, Plaintiff received explicit instructions that he was “prohibited” from speaking in Spanish in interactions with citizens or colleagues.
• On or about November 12, 2023, a lost Hispanic child wandered into the fire station where Plaintiff was working. In an attempt to assist the minor, Plaintiff communicated with him in his native tongue, Spanish, to gather information from him, about his home and family.
• After further conversations with the child, the minor child was able to be reunited with his mother and the situation was positively resolved.
• Following Plaintiff’s interactions with the child, Plaintiff was scolded by Captain Hamlin for “keeping him out of the loop,” by speaking in Spanish. Captain Hamlin appeared upset that Plaintiff was speaking Spanish and not English.
• Plaintiff verbalized and documented his mistreatment to his superiors on more than one occasion, in comparison to his American or non-Hispanic colleagues.
• The following day, Respondent sent Plaintiff paperwork indicating they were seeking to take disciplinary action against Plaintiff which was false and pretextual.
• Plaintiff disagreed with the basis for the alleged disciplinary action and believed it was discriminatory and retaliatory for his race, national origin, and for opposing unlawful employment practices.
• On or around November 13, 2023, he was given notice of pre-disciplinary memorandum and process, and he was placed on leave.
• During the course of his employment with Defendant, Plaintiff has developed posttraumatic stress disorder (PTSD) for which Defendant was aware of Plaintiff’s PTSD diagnosis. Plaintiff continues to receive treatment related to PTSD.
• On or around January 4, 2024, Plaintiff was discharged in retaliation for his disability and discrimination against him, for his national origin.
• Human Resources did not protect him from ongoing harassment or retaliation.
• Despite Plaintiff’s complaints to Human Resources and Defendant’s knowledge of the same, Defendant terminated Plaintiff’s employment on or around January 4, 2024, for reasons that are entirely pretextual and unworthy of belief.

Hernandez filed an EEOC charge in May 2024 and received a right-to-sue letter in April 2025. His lawsuit asserts eight causes of action, including:

• Disability discrimination and retaliation under the ADA
• Race discrimination under 42 U.S.C. § 1981
• Race and national origin discrimination and retaliation under Title VII
• Wrongful discharge in violation of North Carolina public policy (based on race, disability, and national origin)

The complaint seeks compensatory and punitive damages, equitable relief including reinstatement, and attorneys’ fees.

The city denied liability and, in removing the case, indicated that the federal court has jurisdiction over the Title VII, ADA, and § 1981 claims, with supplemental jurisdiction over the state law claims. Here is a copy of the removal notice and original complaint: