An Ohio appellate court has upheld the termination of a Columbus firefighter whose comments to coworkers led to findings that he violated the city’s anti-harassment policies and workplace conduct rules.

The case involved Firefighter Robin Garrison of the Columbus Division of Fire, who was terminated on July 8, 2021. The termination followed two separate investigations: one involving comments made to Firefighter Jennifer Wilkinson, and another involving a remark made in the Fire Alarm Office during the protests that followed the murder of George Floyd.

According to the court, Firefighter Wilkinson began working for the Columbus Division of Fire in 2017 and worked with Firefighter Garrison at Fire Station 32 in 2019. Wilkinson testified that Garrison questioned her about her political beliefs, relationship status, and personal life. At a 2019 Christmas party, Garrison allegedly asked why she arrived alone and stated, “Well, we need to find you a man.”

Later that evening, while firefighters were posing for a group photograph, Garrison commented that her “butt doesn’t look as bony” in jeans as it did in uniform pants. Wilkinson testified the comments made her uncomfortable.

Wilkinson stated she initially chose not to report the incident because it occurred during off-duty time and she hoped it was isolated. A few days later, Garrison approached her and apologized, stating he had been told he offended her. Wilkinson testified she did not consider the apology sincere because “the apology was that I didn’t think it was a compliment.”

Additional incidents followed. Wilkinson testified that Garrison later commented that he looked at “everybody’s butt,” and on January 9, 2020, approached her in her dorm room to ask whether her relationship with her father contributed to her “issues with men.” Wilkinson described the conversation as uncomfortable and inappropriate. She eventually reported the incidents to Lieutenant Michael Lesko, who consulted with other officers and advised her to submit a written complaint.

The second investigation stemmed from comments made by Garrison on May 31, 2020, while assigned to the Fire Alarm Office during protests occurring in Columbus following George Floyd’s death.

Elizabeth Finnegan, an African-American firefighter working in the Fire Alarm Office that day, testified that after a radio call requesting information about when law enforcement would be arriving on scene, Garrison stated: “Just stand on their neck and wait until they get there. It will be okay.”

Finnegan testified she was “shocked and appalled” by the remark. She later reported the incident to Lieutenant Michael Keller. Lt. Keller testified that he immediately removed Garrison from the room, told him the statement was offensive and unprofessional, and later issued counseling documentation for violating departmental work rules.

Kathleen Bourke, Assistant Director of EEO Compliance for the Department of Public Safety, investigated both complaints. Bourke concluded that Garrison had violated the city’s anti-harassment policies in both matters. She also concluded that Garrison retaliated against Wilkinson during the investigation by making unfounded gender-related accusations against her in an attempt to discredit her personally. Her conclusion was that “[B]ecause [Garrison] seemed to blame the complainants that I was unsure if he really understood the severity of what happened or why it was important. And I was not convinced that he wouldn’t continue to offend people with his comments in the workplace.”

Assistant Chief David Baugh testified that the department initially proposed a 240-hour suspension for the Wilkinson matter and termination for the Fire Alarm Office incident. According to Chief Baugh, the city later Garrison a settlement agreement under which part of the suspension (140 hours) and the termination would be held in abeyance if he committed no similar violations for three years. Garrison declined to sign the agreement, and the city proceeded with termination.

The Columbus Civil Service Commission upheld the termination in December 2021. Garrison appealed to the Franklin County Court of Common Pleas, which affirmed the commission’s decision. He then appealed to the Tenth District Court of Appeals.

The appellate court affirmed the termination. The court concluded that Garrison’s “stand on their neck” remark violated Rule 2 governing abusive or discriminatory behavior, Rule 8 governing professional conduct, and the city’s anti-harassment policy.

The court wrote that “[g]iven the context in which the comment was made, Garrison’s comment was harassing language that was both discriminatory and insulting.” The court further noted that the comment occurred during nationwide protests over George Floyd’s death and stated that the surrounding circumstances “only compounds the abhorrent nature of the remark.”

The court also rejected Garrison’s argument that termination was excessive discipline for a single comment. The court noted that the discipline was not based solely on the Fire Alarm Office incident, but also on his prior disciplinary history and the Wilkinson investigation. The court stated that the prior infractions supported progressive discipline and reflected “his lack of understanding or remorse for such violations.”

The Tenth District Court of Appeals affirmed the judgment of the Franklin County Court of Common Pleas, leaving Garrison’s termination in place.