Ex-firefighter sues Centereach Fire Department, says he was fired because of his age, disability
Lou Cassara said he lost his job when the Centereach Fire Department "constructively discharged" him by placing him on medical leave without a path to return to work. Credit: Tom Lambui
Lou Cassara fulfilled a childhood dream in 1982 when he became a firefighter and part-time dispatcher for the Centereach Fire Department.
But last May, chronic leg pain, arthritis and a torn meniscus left Cassara, 61, unable to climb a flight of stairs to a second-floor dispatch room, he told Newsday. In June, he lost his job when the fire department "constructively discharged" him by placing him on medical leave with no path to return to work, he said.
Cassara sued the department last month in State Supreme Court, alleging Centereach fire officials violated the state Human Rights Law. In court papers, Cassara said he was illegally fired because of his age and disability. He is seeking unspecified damages to restore lost income.
In court papers, Cassara and his lawyers, Erik M. Bashian of Garden City and Matthew J. Blit of Rye Brook, said fire department officials were "fully aware" of Cassara's disability but refused to move the dispatch room to the first floor or let him work in another part of the building.
"Inaccessible features pervade the firehouse and exclude an employee such as Mr. Cassara from accessing the dispatch room due to a series of steps located on the second floor of the firehouse," the lawsuit states. "On numerous occasions, Mr. Cassara was forced to endure humiliating circumstances in front of his colleagues, such as being carried or sliding down the stairs on his rear, solely because reasonable accommodations were not provided."
Christopher Ring, the fire district's lawyer, declined to comment.
The state Human Rights Law, similar to the federal Americans with Disabilities Act, bars public employers from refusing to remove structural or architectural barriers that block disabled employees from working. Exceptions can be granted if modifying a building to improve access is an "undue burden" because of cost or if some other accommodation can be arranged, according to the New York State Senate website.
Cassara told Newsday he gradually lost the use of his legs during his employment at the Centereach firehouse, forcing him to give up firefighting about 28 years ago. Since then, he had been employed as a full-time dispatcher and firehouse attendant, according to court papers. He uses a chairlift to get up and down stairs at his Great River home.
He said he asked Centereach fire officials “numerous times” to relocate the dispatch room so he could continue working. “They had no interest in helping me at all,” he said in an interview. “There’s times I was carried up and there’s other times I was able to climb with difficulty."
He said he was surprised that Centereach did not agree to move radio equipment to the first floor so he would not have to climb the stairs.
“That’s all it would have taken,” Cassara said.
Experts in disability law said lawsuits such as Cassara's can be difficult to win if accommodations are too costly or not possible for other reasons such as building design.
Susan P. Berry, a Florida-based disability consultant, said moving Cassara to another part of the firehouse may not have been an adequate solution.
"Emergency dispatchers might need to all be in the same room so that they can overhear each other and jump into solving a situation where multiple emergency vehicles must be dispatched," she said in an email.
Marc Dubin, a former federal Department of Justice attorney who prosecuted alleged federal ADA violations, said the fire department probably should have offered to have Cassara work on the first floor.
“It seems likely that they could move him to do the job someplace else,” said Dubin, a Florida disability consultant. “If they can and it’s a reasonable expense, it seems like they should provide an accommodation.”
Lou Cassara fulfilled a childhood dream in 1982 when he became a firefighter and part-time dispatcher for the Centereach Fire Department.
But last May, chronic leg pain, arthritis and a torn meniscus left Cassara, 61, unable to climb a flight of stairs to a second-floor dispatch room, he told Newsday. In June, he lost his job when the fire department "constructively discharged" him by placing him on medical leave with no path to return to work, he said.
Cassara sued the department last month in State Supreme Court, alleging Centereach fire officials violated the state Human Rights Law. In court papers, Cassara said he was illegally fired because of his age and disability. He is seeking unspecified damages to restore lost income.
In court papers, Cassara and his lawyers, Erik M. Bashian of Garden City and Matthew J. Blit of Rye Brook, said fire department officials were "fully aware" of Cassara's disability but refused to move the dispatch room to the first floor or let him work in another part of the building.
WHAT NEWSDAY FOUND
- A former Centereach firefighter and dispatcher sued the fire department last month, alleging he was illegally dismissed because of his age and disability.
- Lou Cassara, 61, said chronic leg pain, arthritis and a torn meniscus left him unable to climb on his own to the firehouse's second-floor dispatch room.
- Experts say public buildings are generally required to accommodate disabled employees and visitors, but exceptions may be granted if it is too expensive to do so.
"Inaccessible features pervade the firehouse and exclude an employee such as Mr. Cassara from accessing the dispatch room due to a series of steps located on the second floor of the firehouse," the lawsuit states. "On numerous occasions, Mr. Cassara was forced to endure humiliating circumstances in front of his colleagues, such as being carried or sliding down the stairs on his rear, solely because reasonable accommodations were not provided."
Christopher Ring, the fire district's lawyer, declined to comment.
The state Human Rights Law, similar to the federal Americans with Disabilities Act, bars public employers from refusing to remove structural or architectural barriers that block disabled employees from working. Exceptions can be granted if modifying a building to improve access is an "undue burden" because of cost or if some other accommodation can be arranged, according to the New York State Senate website.
Cassara was a firefighter and part-time dispatcher for the Centereach Fire Department. Credit: Newsday
Cassara told Newsday he gradually lost the use of his legs during his employment at the Centereach firehouse, forcing him to give up firefighting about 28 years ago. Since then, he had been employed as a full-time dispatcher and firehouse attendant, according to court papers. He uses a chairlift to get up and down stairs at his Great River home.
He said he asked Centereach fire officials “numerous times” to relocate the dispatch room so he could continue working. “They had no interest in helping me at all,” he said in an interview. “There’s times I was carried up and there’s other times I was able to climb with difficulty."
He said he was surprised that Centereach did not agree to move radio equipment to the first floor so he would not have to climb the stairs.
“That’s all it would have taken,” Cassara said.
Experts in disability law said lawsuits such as Cassara's can be difficult to win if accommodations are too costly or not possible for other reasons such as building design.
Susan P. Berry, a Florida-based disability consultant, said moving Cassara to another part of the firehouse may not have been an adequate solution.
"Emergency dispatchers might need to all be in the same room so that they can overhear each other and jump into solving a situation where multiple emergency vehicles must be dispatched," she said in an email.
Marc Dubin, a former federal Department of Justice attorney who prosecuted alleged federal ADA violations, said the fire department probably should have offered to have Cassara work on the first floor.
“It seems likely that they could move him to do the job someplace else,” said Dubin, a Florida disability consultant. “If they can and it’s a reasonable expense, it seems like they should provide an accommodation.”
Carl MacGowan is a Long Island native who covers Brookhaven Town after having previously covered Smithtown, Suffolk County courts and numerous spot news and feature stories over his 20-plus year career at Newsday.
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SCPD officer critical after crash ... Election results certified ... Congestion pricing ... Possible snowstorm Saturday
