An Eagan firefighter is suing the city and its fire chief, claiming he was demoted from a battalion chief position because he is gay.

In a civil lawsuit filed this week in U.S. District Court, firefighter Dan Benson alleges discrimination based on his sexual orientation and violation of his constitutional rights by Eagan Fire Chief Mike Scott and the city.

Benson joined the fire department about 18 years ago, moving up along the way to become battalion chief. As such, he was paid a monthly stipend. He also contributed to a fire department pension.

Sometime around November of last year, Scott told Benson and other firefighters at a meeting that they would have to reapply for their positions, according to the lawsuit.

During the meeting, Scott asked Benson whether he had a spouse or significant other and he said he was married to a man named Greg and that they were acting as fathers to a son, the lawsuit said. Benson added that they had hosted two exchange students that they considered sons.

Benson previously kept his sexual orientation private, according to the lawsuit.

Less than a month later, Scott told Benson that he was not going to be reappointed battalion chief and asked him to remain with the department as an on-call firefighter, according to the complaint.

Related Articles Oakdale man sentenced to 30 years for death of West St. Paul father shot as 2-year-old son slept beside him

Dodge Nature Center kicks off $40 million sustainability, accessibility campaign

Seasonal disease kills 4 reindeer at Minnesota Zoo, sickens 4 others

Dakota County to waive some late fees for property taxes due to coronavirus

Dakota County celebrates 125th anniversary of Rock Island Swing Bridge Saturday Scott filled Benson’s battalion chief position with someone who is not gay and is less qualified, according to the lawsuit. No one else within the department was demoted, the lawsuit said.

“Based on the timing of his being ‘outed’ and the pre-textual reasons given for his demotion from battalion chief to an on-call firefighter,” the lawsuit read, “it is clear that although the Eagan fire department may employ gay ‘black hat’ firefighters, defendant Scott, as chief, will not consider them for leadership positions.”

As a result of the demotion, Benson is losing pay and has reduced benefits, including his pension.

Benson is asking for compensatory damages in excess of $50,000, as well as punitive damages against Scott to be determined at trial.

When reached Thursday by phone, Scott declined to comment.

The city issued a statement disputing the allegations.

It said that the fire department, with the support of city administration, has consolidated from six fire stations to three facilities. The changes meant a reorganization and ultimately fewer leadership positions, according to the city.

In early 2016, fire department leadership, in consultation with the city administration, agreed that all members of the fire department could apply for the new and restructured positions in an open appointment process, the statement read.

The city plans to defend against the lawsuit “because it believes that it engaged in a proper process and it, again, denies any discrimination,” the statement read.

Benson continues to work as a paid on-call firefighter.

According to the city’s website, the fire department includes about 90 paid on-call firefighters, six full-time firefighter/inspectors and two deputy chiefs.

Scott became the city’s first full-time fire chief in 2006, after 19 years as a volunteer firefighter. He gave up his day job as a captain in the Dakota County sheriff’s department and almost 20 years in law enforcement to take the post.

Scott’s father, George Scott, was a charter member of the department, and his older sister, Linda Myhre, was the city’s first female firefighter and later its second female police officer.