Amityville Settles Age Discrimination Suit Over Volunteer LOSAP

Another New York volunteer fire department has agreed to settle an age-discrimination lawsuit brought by the US EEOC over the way the department credited personnel under the length of service award program (LOSAP).

The Village of Amityville and the Amityville Fire Department agreed to pay $209,280 to settle the class action age-discrimination lawsuit brought by the EEOC.  According to the EEOC complaint, the department ‘s LOSAP  did not credit personnel for service rendered after they turned 65. The Age Discrimination in Employment Act (ADEA) prohibits age discrimination against persons over the age of 40.

Under the consent decree, the department agreed to permanently eliminate the age restriction on service credit, provide training for personnel who administer the LOSAP, and institute a formal anti-discrimination policy.  23 firefighters will receive retroactive payments and 15 of the firefighters who are still alive will receive increased monthly pension amounts.

Amityville is by no means alone in the LOSAP ADEA violation situation. Three other New York volunteer fire departments (Eatons Neck Fire District, Mineola Fire Department, and Bayville Fire Company) were sued for age discrimination by the EEOC between 2008 and 2010 because their LOSAPs violated the ADEA. All three of those cases have settled on similar terms to the Amityville case.

If anyone is aware of any additional cases please email me at jcatlaw@aol.com,  so I can add them to my database. 

Here is the EEOC’s press release.