Another NY Fire Department Settles a LOSAP Age Discrimination Suit

Posted by: Curt Varone March 17, 2011 0

The EEOC has announced that another New York volunteer fire department has settled an age discrimination lawsuit over its Length of Service Award Program (LOSAP). The Brentwood Fire District on Long Island has agreed to pay $465,600 to settle the class action discrimination lawsuit brought by the EEOC.

The case is the fifth age discrimination suit that I am aware of involving New York volunteer LOSAP programs, and the second in as many months. Last month the Amityville Fire Department settled a similar suit with the EEOC for $209,280. The Eatons Neck Fire District, Mineola Fire Department, and Bayville Fire Company have suffered similar fates.

The Brentwood LOSAP program did not allow firefighters over the age of 62 to continue accruing service credits. The LOSAP program works like a pension plan and payments are based upon years of active service. The settlement requires Brentwood to eliminate the age restriction.

Here is the EEOC press release, dated March 16, 2011.

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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