FDNY Medic’s IOD Complaint Becomes a Federal Case

Posted by: Curt Varone April 14, 2011 0

A decorated FDNY medic has filed a lawsuit in Federal court alleging he has been discriminated against under the Americans With Disabilities Act (ADA). Paramedic Gary Smiley, 48, alleges that the city improperly denied him injured-on-duty status while he was recovering from reconstructive sinus surgery related to injuries suffered in the aftermath of the World Trade Center attacks. He also claims he was later retaliated against because he complained.

The suit was filed last May, but is making news again as the city is seeking to have the case dismissed.

The complaint refers to Smiley as an “elite” employee, “one of the most highly decorated Paramedics employed by” the FDNY, with over 100 documented pre-hospital resuscitation saves. Smiley claims following his initial compliant to superiors about his IOD status, he was removed from a “Special Operations” rescue assignment with a 12% pay differential, and also removed as a senior paramedic instructor from which he earned another $10,000 per year.

He further alleges that following his formal complaint to the EEOC about his IOD status, the city decertified him as a hazmat tech, and removed him from the “prestigious Haz-Tac Unit”.

FDNY alleges that Smiley was disciplined twice in 2009 for “performance related” issues, and that the he was properly charged sick leave for the absences related to his disability following surgery.

Here is a copy of the amended complaint, filed after the city’s motion for summary judgment.  AmendedComplaint

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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