Tag Archives: FDNY

FDNY Fire Commissioner Called to Federal Court

FDNY Fire Commissioner Daniel Nigro was in US District Court for the Eastern District of New York, called before Judge Nicholas G. Garaufis to answer questions about why the discipline of nine firefighters for racists remarks was not made public.

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Second Circuit Reinstates First Amendment Suit Against FDNY

The 2nd Circuit Court of Appeals has reinstated a lawsuit filed by an FDNY fire marshal who was removed from an investigation into the cause of a fire on the set of a Bruce Willis movie that killed a firefighter on March 22, 2018. Scott P. Specht filed suit alleging a violation of his First Amendment rights, retaliation under NY civil service law (whistleblower), and intentional infliction of emotional distress.

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FDNY Suspends Nine Over Racist Memes

Nine FDNY firefighters have been suspended without pay following an investigation into racist memes. It is not clear when the suspensions actually took place but confirmation of the discipline became public in a New York Times article published last week.

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FDNY Prevails in Second Facial Hair Lawsuit

FDNY has prevailed once again in a lawsuit challenging its no-beard policy. In a ruling handed down yesterday, US District Court Judge Nicholas G. Garaufis concluded the OSHA prohibition of facial hair at the SCBA interface serves to create an undue hardship that relieves fire departments of an obligation to grant religious accommodations.

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FDNY Firefighter Claims Retaliation for Exercising Free Speech Rights

An FDNY firefighter who claims he was retaliated against after raising concerns about a suggestion he might be required to turn hose streams on protestors, has filed suit against the city and six ranking officers. Omar Wilks filed suit contending he was disciplined, transferred and demoted for exercising his First Amendment rights to voice his concerns.

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BREAKING NEWS: Second Circuit Upholds FDNY’s No Beard Policy

The Second Circuit Court of Appeals has reversed a lower court decision that concluded that FDNY has to allow firefighters with a skin condition an accommodation to have beards. In doing so the court concluded: “An accommodation is not reasonable within the meaning of the ADA if it is specifically prohibited by a binding safety regulation promulgated by a federal agency.”

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Latino Firefighter Sues FDNY Alleging Discrimination

A Latino firefighter with FDNY has filed suit alleging discrimination and retaliation on the basis of race, national origin, disability, and military service. Joseph Mendoza filed suit last week in US District Court for the Eastern District of New York.

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Court Rules FDNY First Amendment Suit Can Proceed

A US District Court judge has refused to dismiss a lawsuit brought by an FDNY deputy assistant chief who was denied a promotion for refusing to renounce letters to the editor he wrote decades ago relative to merit based testing. Even more interestingly, Judge Brian M. Cogan suggested that the proper First Amendment analysis for the case is not the traditional Pickering Balancing Test, but rather one that looks at the ability of government to compel the speech of public employees.

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Suit by FDNY Ops Chief Alleges Promotion Denial Violates First Amendment

An FDNY deputy assistant chief who claims he was passed over for promotion to assistant chief for refusing to renounce letters to the editor he wrote decades ago relative to merit based testing, has filed suit alleging the city violated his First Amendment rights. DAC Michael F. Gala, Jr. filed suit late last year naming the city and Fire Commissioner Daniel A. Nigro as defendants.

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FDNY HR Manager Sues Claiming Discrimination and Retaliation

A civilian manager in FDNY’s human resources division has filed suit claiming he was wrongfully passed over for promotion to Assistant Commissioner for Human Resources, and then retaliated against when he filed a complaint with the EEOC. David Ogula filed suit last week in US District Court naming the City of New York, Fire Commissioner Daniel Nigro, and two deputy commissioners.

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FDNY Coverup Suit Dismissed

A lawsuit accusing FDNY of covering up the cause of a fire that claimed the life of a firefighter in 2018, has been dismissed. Fire Marshal Scott P. Specht claimed his bosses ordered him to falsely attribute the cause of a fire on the set of a Bruce Willis movie to a boiler, and retaliated against him when he refused to go along.

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Female FDNY EMT Claims Gender Discrimination By Female Chief

An FDNY EMT has filed a gender discrimination lawsuit accusing a female deputy chief of going on a campaign to damage her career. Margot Loth filed suit on Saturday in US District Court for the Southern District of New York. The suit claims that Deputy Chief Donna Tiberi engaged in repeated acts of discrimination against Loth.

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Federal Appeals Court Refuses To Block FDNY Enforcement of AirBNB Law

The US Court of Appeals for the Second Circuit has refused to enjoin FDNY and the New York City Department of Buildings from enforcing New York Multiple Dwelling Law § 121, commonly referred to as the "AirBNB Law." The law restricts property owners from advertising the use of a “Class A Multiple Dwelling” for non-permanent (transient) residential purposes.

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