The Selden Fire District Selden in Suffolk County, Long
Island, will pay $263,360 to settle a class age discrimination lawsuit
brought by the U.S. Equal Employment Opportunity Commission (EEOC),
the agency announced today. The damages will be made in retroactive
payments to a group of 23 firefighters who had been discriminated
against based on their age and provide increased monthly pension
amounts going forward to several firefighters.
The EEOC’s suit had alleged that the fire district refused to let
volunteer firefighters over age 55 accrue credit toward a “length of
service award” (LOSAP), the equivalent of a retirement pension,
because of their age. As a result, senior firefighters lost pension
amounts after they turned 55, in violation of the Age Discrimination
in Employment Act (ADEA), a federal law that protects workers age 40
and older from age discrimination. The EEOC filed suit, Civ. No.
08-3974, after first attempting to reach a pre-litigation settlement.
“Older workers, like these firefighters, should not be deprived of
valuable pension benefits simply because of their age,” said EEOC
Chair Jacqueline A. Berrien. “This settlement ensures that these
highly valued public servants will finally receive fair compensation.”
EEOC Senior Trial Attorney Michael J. O’Brien said that this decree
resolves one of several lawsuit filed by the EEOC involving volunteer
firefighters. The EEOC has filed at least seven lawsuits against
municipalities in New York which have limited benefits to older
firefighters, O’Brien said.