NY Division of Human Rights Dismisses Discrimination Complaint Against Fire Volunteer Fire Company

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The New York State Division of Human Rights has dismissed a complaint filed by former Patterson Fire Department #1 member who alleged that the department and several of its officers subjected her to unlawful discrimination and retaliation.

The petitioner, EleanoraSmith, had been a volunteer firefighter with Patterson FD since 1991. She was a life member and served in a number of different positions, including president of the board of directors. In January 2019, another female member, Monica DeFeo, filed grievances against Captain Vincent Montouro, alleging aggressive and harassing conduct. Smith cooperated with the investigation of DeFeo’s grievances and expressed concerns about Montouro’s behavior.

Smith claimed that over the following months, her relationship with department leadership deteriorated. She was removed from the ambulance driver list, but it turned out that her removal occurred at her own request due to her frustration with the department’s leadership. She claims she was denied reassignment to certain committees (including a fire company centennial committee), and was not reinstated to the ambulance list after she later sought to return.

In October 2019, she filed a grievance against department leadership, alleging retaliation for her role in the DeFeo investigation. That grievance was dismissed as unfounded.

In May 2021, after a grievance was filed against Smith by the department’s president, the grievance committee recommended that she undergo anger management training. Smith refused. At a membership meeting that followed, a motion was made and seconded to terminate her membership, which was approved. Shortly afterward, another motion was passed banning her from the department’s premises.

Smith subsequently filed suit in state court challenging her termination, but the petition was denied by the Putnam County Supreme Court in September 2022, and her appeal was dismissed in August 2024.

On May 14, 2021, Smith filed a complaint with the Division of Human Rights alleging sex discrimination and retaliation in violation of the New York Human Rights Law. The case was referred to a public hearing before Administrative Law Judge Rebecca A. Clancy. Hearings were conducted virtually in 2024, and both parties were represented by counsel.

Smith argued that her removal from committees, denial of reinstatement to the ambulance list, ineligibility to serve as treasurer, termination from membership, and redaction of certain information about her from the department’s centennial book were all acts of unlawful discrimination or retaliation connected to her involvement in the DeFeo grievances.

The ALJ determined that:

  • Claims based on events prior to November 22, 2019, were barred by the statute of limitations.
  • Smith’s allegations of discrimination regarding committee assignments and ambulance driver status did not amount to continuing violations.
  • Smith failed to establish a causal connection between her protected activity in 2019 and the department’s later actions, including her ineligibility to serve as treasurer in October 2020 and the termination of her membership in May 2021.
  • The department had legitimate, nondiscriminatory reasons for its decisions, including enforcement of bylaws and Smith’s refusal to comply with disciplinary recommendations.
  • The centennial book, which included multiple photographs of Smith and recognition of her service, did not constitute retaliation despite the omission of her life member status following her termination.

On August 20, 2025, Judge Clancy issued a Recommended Order dismissing Smith’s complaint in its entirety. The parties were advised they have 21 days to file objections before a final order is issued by the Commissioner of Human Rights.

Here is a copy of the decision.

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