Thursday, February 12, 2015

Award Made in Fairview Discrimination Lawsuit

Several years ago, David Hecht, 46, a Fairview Volunteer Firefighter, took the Westchester County fire test to try to become a paid firefighter, hopefully with the Fairview Fire Department. Hecht, an Elmsford resident, claimed he lived in the Town of Greenburgh proper and was not an Elmsford resident. Compounding his residency issue, which can only be verified by the District upon an offer from the Fire District, he also claimed he had been discriminated against due to his age. He subsequently filed a Federal age discrimination lawsuit against the Fire District. 

His lawsuit asserted that he had been discriminated against by then Fairview Fire Chief Anthony LoGiudice, who has since retired due to health reasons contracted working at Ground Zero after the terrorist attacks of September 11, 2001. LoGiudice may have had input in the process as Chief but was not the decision maker as to which candidate would be offered a firefighter position. The Board of Fire Commissioners determine who to hire or not hire.

ABG was told earlier that during the interview process, Hecht impressed many on the Board as not being a team player. While this may or may not be a reason to disqualify a person for the position, firefighting finds the need for firefighters to be forced to rely on their colleagues in life-threatening situations and is a consideration of note. And, given there were other applicants to choose from, the decision was made to offer the position to another firefighter. 

It was also disclosed that to hire a younger firefighter over Hecht would offer the Fire District long term benefits of a younger person with fewer physical issues during the main portion of their career. No doubt, firefighting is better suited for a younger person. Also, Hecht’s lawsuit came just before he would be considered too old to be hired. Some say this was his last grandstanding play to get hired.

As to the discrimination lawsuit and settlement of $250,000 to Hecht, he claims he will continue to volunteer with the department. At this point, no one from the Fairview Fire District was available to comment on their decision to settle. While Hecht believes this to be a fair settlement, his goal of becoming a paid firefighter seems to have gone up in smoke. 

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