LAS VEGAS (KSNV MyNews3) -- A determination by the U.S. Equal Employment Opportunity Commission, released late last week, says Clark County treated Firefighter Donald Munn unfairly.
Munn was fired in the sick leave abuse scandal and then rehired after an arbitrator ruled he did not abuse his sick time.
While that sick leave issue in itself appears to be put to rest, Munn's fight is not over.
Munn has an adopted 22-year-old son, Brian, who needs extra care. So when he was asked to come into work one day in 2009, he said he couldn't.
Munn says he was then put on a list that prevented him from receiving overtime for 45 days.
He claims he was not treated equally because another firefighter who was called and couldn't make it was not penalized.
Munn filed a complaint, and three years later, the EEOC recommended that both parties come to a settlement.
But there's the question of whether Munn exercised his whole due process rights at the time to get off of that list.
Clark County Commissioner Steve Sisolak says the problems between the county and Munn may have to be adjudicated.
The complaint was made before Munn was fired for sick leave overuse and for allegedly manipulating his schedule for his son.
In May, he got his job back when an arbitrator ruled he didn't abuse that time.
But, Sisolak, who spearheaded the effort to address sick leave issues, says the results show there was a problem,
“There was a reduction of 57,000 hours of sick leave,” he said. “That is an enormous amount of time and untold millions of dollars saved by the county and by the taxpayers.”
And while that issue may be behind Munn now, he says this EEOC document is all about being treated equally, a fight he says is for future firefighters.
The county will file a response to the EEOC ruling.
Sisolak says an ongoing federal investigation continues into other firefighters on suspected sick leave abuse.