Ex-FDNY Chiefs File Age Discrimination Lawsuit Against Commissioner Laura Kavanagh – NBC New York

A group of ex-fire chiefs have filed a lawsuit accusing the FDNY commissioner of age discrimination.

Laura Kavanagh is the department’s first female commissioner and has touted efforts to diversify the ranks. But a trio of former chiefs says in the lawsuit filed Friday that behind closed doors, Kavanagh has led a quiet purge of older staff members.

“We have witnesses who heard her say, I want younger chiefs,” said attorney Jim Walden, who represents fire chiefs Michael Gala, Joseph Jardin and Michael Massucci.

The ex-chiefs state in the lawsuit that Kavanagh’s pattern and practice of hiring demonstrates the opposite of a commitment to diversity.

“Kavanagh has orchestrated the demotion, resignation, termination, or forced retirement of more than 10 senior women and people of color, often replacing them with younger, white personnel, and often men,” the lawsuit reads.

One of those men – Jon Paul Augier – was named a co-defendant in the lawsuit which says Kavanagh
“promoted Augier, event though he lacked any meaningful experience…and allegedly harassed two African American firefighters, including by hanging a noose in the firehouse.”

“And she still – knowing all that and other adverse information — she still promoted him,” said Walden.

The same ex-chiefs previously filed a different lawsuit alleging their demotions resulted in a real safety risk to citizens. That suit was not successful. But now they’re making a slightly different claim, that Kavanagh is applying ageist policies in her employment decisions.

Kavanagh declined to speak with NBC New York, but this week she said in another TV interview that her decisions on promotions and de-motions are simply an effort to assemble her own management team — the prerogative all new commissioners have.

“I want to have my own team and I definitely do now,” she said during the interview.

In the past, Kavanagh has spoken about her own experience with discrimination and harassment in the FDNY ranks.

“I know very much personally the cost of speaking out about racist and sexist acts in the FDNY as I  have done so myself and have experienced that,” she said in September.

Efforts to reach out to Augier were unsuccessful. However, the FDNY told NBC New York that Augier has no substantiated disciplinary or employment discrimination claims. The ex-chiefs also say they have no discrimination or disciplinary histories — evidence they claim shows they were only demoted because of their age.

“They’ve been saving lives. They’ve been saving property. There is 120 years of experience with my three clients alone,” Walden said.

In a comment, the FDNY said it would refer specific questions to the law department, but called the lawsuit “seemingly just an attempt to undermine the authority of the Fire Commissioner.” It went on to say the claims are “baseless,” and that the department stands by the decisions made.