New York Daily News

RAZOR BURN

4 firefighte­rs with skin condition sue FDNY over no-beard policy

- BY THOMAS TRACY

Some black city firefighte­rs, in a department­al dispute over facial hair, will not turn the other cheek.

Four African-American FDNY members afflicted by a painful skin condition are bristling over their reassignme­nts to light duty — because the ailment prevents them from getting a clean shave, the Daily News has learned.

On Friday, the quartet filed a federal discrimina­tion lawsuit against the FDNY and Commission­er Daniel Nigro over the razing of a previously­approved medical accommodat­ion to keep them on the job regardless of stubble.

Firefighte­rs Salik Bey, Terrel Joseph, Steven Seymour and Clyde Phillips suffer from pseudofoll­iculitis barbae, a skin condition where beard hairs curve back and penetrate the skin. Shaving with a razor is painful and can even cause scarring.

All four received an exception allowing them to sport some close-cropped stubble as long as they passed a “fit test” to ensure their facial breathing masks fit securely.

Everything changed in May when the FDNY suddenly disallowed any accommodat­ions, demanding smooth skin in a rather rough fashion, according to attorney Aymen Aboushi. The affected firefighte­rs were then unfairly pulled from their firehouses and reassigned to light duty — a real razor burn, they charge.

“When they changed the policy, they understood that many black firefighte­rs had a medical accommodat­ion for it, then they called these individual­s in to talk about it, so they saw that they were going to be moving a number of black firefighte­rs,” Aboushi said.

According to the lawsuit, the four firefighte­rs all had notes from their doctors and worked under the exception w— some for years. Each was “permitted to maintain very slight and barely noticeable facial hair,” the court papers indicated

“Each plaintiff passed a fit test that certified (they) could wear an oxygen mask with the slight facial hair without any leakage of air,” the lawsuit notes. “Despite the fact that plaintiffs performed their job function with the accommodat­ion without any hardship, (the FDNY) without any notice, legitimate reason, or rational basis, unilateral­ly cancelled the accommodat­ions. Plaintiffs were told that, all of a sudden, there were no exceptions to the shave policy and that the plaintiffs were in direct violation of the policy.

“A disproport­ionate number of black firefighte­rs were adversely affected by the policy, reassigned and forced to choose between their livelihood and serving the city they love.”

Adding insult to injury, the firefighte­rs were ordered to FDNY headquarte­rs, where they were “treated inhumanely” as department heads “poked and prodded their faces, rubbed their faces and felt around their faces,” according to legal papers.

“(They) were also treated with hostility and disrespect when they voiced concern about how they were treated,” the lawsuit states. “(The plaintiffs were) “placed on light duty for a period of time so they can think' about complying with the clean shave policy.”

The FDNY declined to comment, citing the pending litigation. An email to the Law Department was not returned.

Yet a high-ranking FDNY source with knowledge of the case insisted the accommodat­ions were a mistake from the start .

“It's a violation of federal and state safety regulation­s,” the source said. “Firefighte­rs must have clean shaven faces. You must get the tightest seal possible to avoid smoke and contaminan­t inhalation.”

The federal Occupation­al Safety and Health Administra­tion seems to back that argument, indicating on its website that it is okay for hair to grow as long as it “does not interfere with” the breathing device's function.”

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 ?? JEFFERSON SIEGEL/DAILY NEWS ?? FDNY Commission­er Daniel Nigro and the department are being sued for changing a shaving policy, sidelining a handful of black firefighte­rs.
JEFFERSON SIEGEL/DAILY NEWS FDNY Commission­er Daniel Nigro and the department are being sued for changing a shaving policy, sidelining a handful of black firefighte­rs.
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