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#Cancer-fighting firefighter falsely denied overtime, promotion: suit

#Cancer-fighting firefighter falsely denied overtime, promotion: suit

September 14, 2020 | 5:02pm | Updated September 14, 2020 | 6:00pm

The FDNY denied overtime to a cancer-battling Bravest and forced him into retirement after his illness required he be placed on “light duty,” a new lawsuit alleges.

The class-action lawsuit filed Monday in Manhattan federal court claims that 42-year-old Lt. Edward Reardon and other disabled firefighters were restricted from working unlimited overtime.

Reardon said that he was placed on “light duty” after he underwent surgery to remove thyroid cancer in February 2017.

Once he began the new assignment, he worked a schedule similar to other colleagues, clocking in 10-hour workdays four times a week, the suit says.

But six months into assignment, Reardon says he was forced to take on more grueling eight-hour shifts five days a week.

“They were intentionally messing with me. I’m trying to recover from having my throat sliced and take medication every day for the rest of my life,” Reardon, who is now in remission, told The Post.

“All I wanted to do was continue to working and be treated like everyone. Instead, they tell me you have to come in an extra day while everyone else does four and you can’t get overtime.”

There’s a written policy preventing most disabled employees from going above the average number of hours worked in their division — but the suit alleges “co-workers who are not disabled are allotted nearly unrestricted overtime.”

“The FDNY maintained a policy of imposing overtime restrictions on light-duty and disabled employees to ‘shake the tree’ and force such employees to retire, despite being fully capable of performing the requirements of their positions,” the suit says.

Reardon was also passed over for a merit-based promotion to fire captain, despite “similarly situated” colleagues getting the new title, the suit says.

“He was working with everyone else who was able-bodied and he should’ve been given the same treatment as they were and he didn’t, which I find disgraceful and on its face, discriminatory,” his attorney Jon Bell told The Post.

He complained about his loss over overtime and the lack of promotion to the Equal Employment Opportunity Office.

But Reardon says he was ultimately forced to retire in February as a result of the alleged discrimination and retaliation.

“When you go to work and every day was something new where you have to work an extra day, you can’t work overtime, you can’t get promoted, it just takes over your life,” Reardon said.

The suit which also names the city, is seeking unspecified damages and loss of compensation.

The FDNY declined to comment citing ongoing litigation.

The city Law Department did not immediately return a request for comment.

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