Discrimination lawsuit filed over selection of fire chief

Jace Radke

Wednesday, May 28, 2003 | 11:11 a.m.

A Fire Protection Engineer with the Las Vegas Fire Department is suing the city, alleging that he was discriminated against by the department because he is an Iranian-American and a Muslim.

Azarang Mirkhah filed the federal lawsuit Tuesday alleging that the process to select a new fire chief in 2001 was unfair and that he was passed over for the promotion because of his race, religion and national origin in violation of the Civil Rights Act.

Mirkhah has been with the department since 1994 and served as an acting deputy chief for five months in 1999.

David Washington was named fire chief on Aug. 15, 2001, becoming the city's first black fire chief.

In his lawsuit Mirkhah alleges that city officials told him that all of the candidates for chief would undergo oral, written and a mock television interview, and then be rated. Those ratings would then be passed on to the city manager, who would make a recommendation, according to the suit.

Instead, the lawsuit states that the review panel simply gave its views to the city manager instead of a score.

"The selection process appeared to be wholly subjective lacking any objective standards or criteria as had been traditionally utilized in the past," the lawsuit reads.

The lawsuit also alleges that Mirkhah was discriminated against when he applied and failed to win a position as a deputy chief in September 2001. And it alleges that Mirkhah recieved unequal treatment when Washington refused to sign his application for a Harvard Fellowship program scholarship offered by the National Fire Academy, but did sign the application of a white deputy chief.

The lawsuit asks for a jury trial, and that Mirkhah be awarded compensatory and punitive damages of more than $10,000. The suit also demands that Mirkhah be promoted to the positions he applied and be paid back pay for those positions.

City officials said only William Henry, the senior litigation lawyer for the city, could comment on the lawsuit. Henry could not be reached for comment this morning.