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Medford appeals sex bias judgment Ex-firefighter won discrimination suit By CHRIS BRISTOL The city of Medford has appealed a judge's ruling that accused the fire department of discriminating against a female trainee. Attorneys for the city's Minneapolis-based insurance carrier filed the necessary paperwork two weeks ago with the Oregon Court of Appeals, challenging Jackson County Judge Rebecca Orf's interpretation of the law in the case Ettner v. Medford. In October, Orf awarded Kris Ettner more than $26,000 in back wages, saying the fire department held Ettner to a higher standard than her male counterparts and illegally fired her at the end of a seemingly successful yearlong probation period. Ettner was the second female firefighter ever hired by Medford. In 1979, the fire department fired trainee Sara Smith on the grounds she was too weak for the job -- a decision that drew fire from the National Organization for Women. Medford City Attorney Ron Doyle on Monday said the decision to appeal was made by Springfield trial attorney Bob Franz, who was hired by Northland Insurance to litigate the case. Franz did not return a phone call Monday seeking comment. Doyle said the City Council was "consulted" in the matter but did not make a formal decision. He would not discuss the results of the consultation. Ettner's attorney, Lee Werdell, said he was notified of the appeal last week. He accused city officials of "venting." "I don't think they've got a good appeal," he declared. "The court's opinion was elegantly written, and it will hold up." Orf's ruling capped a five-day civil trial in which a jury ruled 9-3 in favor of the city on Ettner's separate claim that she also suffered discrimination on the basis of "perceived disability." Under Oregon law, only a judge can decide cases involving allegations of gender discrimination. In her ruling, Orf accused the fire department of using a "highly subjective" grading system to justify the termination of Ettner, a former track and field star at Southern Oregon State College. Orf noted in her ruling that Ettner, 33, was the first Medford firefighter in memory who had ever successfully completed probation, only to fail a series of "task tests" that are a condition of permanent employment. The tests consisted of demanding but routine assignments, such as hauling a hose up ladders and chopping holes in roofs. Ettner passed a rigorous physical before she was hired on probation. The judge said that not only was Ettner the first Medford firefighter to fail the entire board of tests at the end of probation, she also was the first firefighter who was ever given an all-new set of tasks in a special "retake" test. Werdell predicted it may take over a year before the Court of Appeals resolves the case. Orf's ruling ordered "post judgment" interest of 9 percent. Ettner now works for the Grants Pass Department of Public Safety, and administrators in that department testified on her behalf at the trial. She originally was hired as a firefighter, then became a police officer. Mail Tribune Copyright � The Mail Tribune 1999, Medford, Oregon USA