RAZOR BURN
4 firefighters with skin condition sue FDNY over no-beard policy
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.”