NEW YORK — A firefighter is suing FDNY, claiming his privacy was breached in retaliation for his role as a lead plaintiff in a hiring-discrimination lawsuit in 2012.
New York Post reported that Kevin Simpkins, 47, who tested positive for marijuana in a drug test, says a battalion chief leaked the results of his urine test.
“These illegal acts were done to humiliate, intimidate, discredit and retaliate against Mr. Simpkins and other firefighters involved in challenging the FDNY’s racially discriminatory hiring practices,” the suit states. The disclosures caused “Mr. Simpkins, his wife and children severe shame, embarrassment, humiliation and emotional distress, as well as injury to Mr. Simpkins’ reputation,” according to the suit.
In addition, the suit alleges the battalion chief and others passed along incorrect information about an on-duty auto accident involving Simpkins and his subsequent application for disability.
Simpkins’ attorney, Darius Charney, argued that FDNY regulations and state law prohibit the disclosure of personal information, including drug test results, according to the report.
A firefighter since 2003, Simpkins joined the 2007 discrimination case after claiming his hiring was unnecessarily delayed because of a biased 1999 exam.
The battalion chief in question and FDNY officials declined to comment.