Tag Archives: FDNY

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.

Read More »

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.

Read More »

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.

Read More »

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.

Read More »

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.

Read More »

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.

Read More »

FDNY Prevails in Second Discrimination Suit by Gordon Springs

An FDNY firefighter who filed suit in 2017 alleging he was sexually harassed and discriminated against on account of his race, has had a second lawsuit against the department and several of his colleagues dismissed. Gordon Springs claims he was sexual assaulted in 2015 at the Midtown Manhattan station nicknamed The Cavemen.

Read More »

FDNY EMS Workers Claim Retaliation For Speaking to Media

Four FDNY EMS workers and their union have filed suit against the City of New York and Fire Commissioner Daniel Nigro claiming they were retaliated against for speaking to the news media. AFSCME Local 2507, Elizabeth Bonilla, Alexander Nunez, Megan Pfeiffer, and John Rugen filed suit in federal court.

Read More »

FDNY Prevails in Gas Explosion Lawsuit

A lawsuit filed against FDNY over a 2014 gas explosion on Staten Island has been dismissed. The suit alleged that firefighters allowed a homeowner to enter his gas filled home, and trigger the explosion by turning on a light switch.

Read More »

Court Rules FDNY Must Accommodate Facial Hair Despite OSHA

A federal judge has ruled that FDNY must reinstate an accommodation granted to African American firefighters suffering from Pseudofolliculitis Barbae that permits facial hair in the chin, cheek and neck area provided it does not cause leakage around the mask's seal. The firefighters filed suit in 2018 alleging race and disability discrimination.

Read More »