New Jersey City Settles With Combat Vet Not Hired as a Firefighter for $415k

A Marine Corps veteran who was passed over by the Paterson Fire Department due to concerns about PTSD has reached a settlement of his discrimination lawsuit for $415,000. Brett D’Alessandro filed suit in 2018 naming the City of Patterson, the mayor, the fire chief, a deputy chief, and the Institute for Forensic Psychology.

D’Alessandro is a combat veteran who served in Afghanistan, and suffered from service-related PTSD. He was cleared by the military to continue to active service and in 2017 came out 3rd on the Paterson Fire Department hiring list.

After being passed over due to his history of PTSD, D’Alessandro filed suit in Passaic County Superior Court alleging disability discrimination, retaliation, and aiding and abetting under the New Jersey Law Against Discrimination; and a violation of the New Jersey Civil Rights Act. Here is a link to an earlier article about the suit, including a copy of the complaint. The city was unsuccessful in getting the suit dismissed and it was schedule for trial last September.

It is not clear if the settlement resolves D’Alessandro’s claims against the Institute for Forensic Psychology. The city reportedly relied upon the institute’s determination that D’Alessandro “was unable to safely and effectively perform the duties of a firefighter.” The $415,000 settlement was passed by the Paterson City Council last week. More on the story.

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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