Suits by 2 in troubled unit can proceed

Discrimination lawsuits filed by two disgruntled members of Mayor de Blasio’s NYPD security detail have passed key legal hurdles, setting the stage for more scrutiny of the troubled unit.

Judges in Manhattan Federal Court ruled this month that suits filed by Detectives Karl Rugg and Erin Fitchett can proceed.

Rugg, 52, charged that he was treated differently than colleagues because of his age. He said the commanding officer of the unit, Howard Redmond, unfairly moved him to desk duty for a minor fender bender near Grand Army Plaza.

Fitchett, who is black, alleged that he was given demeaning duties like standing guard outside of Gracie Mansion for 17 hours in freezing weather while his white counterparts received more desirable assignments and promotions.

Judge Loretta Preska ruled earlier this month that Rugg could pursue some age discrimination and failure to promote claims.

The failure to promote claims were “very important because there are the significant monetary damages that may be attributed to longstanding failure to promote, which include its impact on salaries and pension benefits,” attorney Marshall Bellovin said.

The judge did toss Rugg’s claim of hostile work environment, writing that “merely ‘being yelled at’ does not rise to the level of adverse employment action.”

Judge Paul Engelmayer issued a similar ruling last week allowing Fitchett’s case to go forward.

Bellovin said the next step in both cases was gathering documents and taking depositions, including of Redmond. Both Fitchett and Rugg were transferred out of the unit after they sued.

Another judge ruled in May that former EPU Detective Keith Dietrich’s suit can proceed. One out of six suits filed by disgruntled members of the unit has been tossed.

“The court has only determined that the plaintiffs’ claims should not be summarily dismissed without further discovery and possible trial. We will have no further comment while this litigation is pending,” a Law Department spokesman said.