FDNY Firefighter Files Federal Lawsuit Alleging USERRA Violations

A firefighter with the Fire Department of New York (FDNY) has filed a federal lawsuit against the City of New York and several current and former commissioners, alleging violations of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

The plaintiff, Leonard Draves, filed the complaint on June 12, 2025, in the United States District Court for the Eastern District of New York. According to the complaint, Draves is a veteran of the United States military and a long-serving member of the FDNY. He asserts that the City discriminated against him because of his military service obligations and failed to comply with the reemployment and benefit protections guaranteed under USERRA.

Quoting from the complaint:

• Draves was a member of the United States Army Reserve and entered service with the City of New York in 1982 as a police officer with the New York Transit Police. In 1985, he was appointed to FDNY as a Firefighter. In 1999, Draves was promoted to Fire Marshal with the FDNY.
• After the September 11, 2001, terrorist attack on the World Trade Center (WTC), Draves actively participated in the rescue and recovery operations at the WTC where he was exposed to numerous hazardous substances, including toxic dust, debris and other harmful airborne contaminants present at the site.
• On February 19, 2002, Draves was activated by the United States Army Reserve to full time military service with the U.S. Army as a commissioned officer.
• Draves provided notice to the FDNY within 30 days of his military deployment.
• In August 2006, the U.S. Army reassigned Draves from his position as an activated United States Army Reserve officer to the Regular Army as a Lieutenant Colonel due to a wartime shortage of field grade officers.
• Draves served in the U.S. Army with great distinction for more than five years during a Time of War and National Emergency in Kuwait, Oman, Iraq and Afghanistan earning three Bronze Stars, the Army Combat Action Badge and the Legion of Merit for his bravery in combat.
• While Draves was in a battle zone under regular enemy fire, he was notified of a letter dated May 18, 2010, from Defendant Michael Gala (Gala) that Draves’ military leave status with the FDNY was being changed because of reassignment from activated United States Army Reserve status to the Regular Army and that he and his family were being removed from health coverage provided by the City of New York, and that he was being removed from the FDNY pension system.
• Draves remained in continuous service with the U.S. Army until his Honorable Discharge on January 31, 2019.
• Upon release from active duty, Draves sought but was denied medical treatment/monitoring at the Northwell Health Queens World Trade Center Health Program (Northwell WTC) due to his changed FDNY employment status.
• Prior to the completion of his military service, December 19, 2018, Draves submitted a written request to FDNY for reemployment which complied with all requirements of USERRA and clearly communicated his desire to return to his position as Fire Marshal with all appropriate advancements, promotions, and benefits that he would have received had he remained continuously employed.
• Despite Draves’ timely and proper request for reemployment, Defendants failed to reemploy Plaintiff in the position he would have attained with reasonable certainty if not for his absence due to military service, or a position of like seniority, status, and pay, as required by USERRA, 38 U.S.C. § 4313(a)(2)(A).
• Defendants provided no reason for their denial of Plaintiffs reemployment request, in violation of USERRA’s requirement that an employer must prove the existence of legitimate grounds for denying reemployment, 38 U.S.C. § 4312(d).
• In addition to denying Draves’ request for reemployment, Defendants denied him pension rights to which he was entitled under USERRA.
• Throughout the time of his employment with FDNY, Draves worked overtime hours for which he was compensated.
• During the period of time Draves was on active military duty, FDNY Fire Marshals had the opportunity to work overtime hours, and did work overtime hours.
• Draves’ military service falls within the exceptions to the five-year service limitation under USERRA, 38 U.S.C. § 4312(c), as it occurred during a period of war or national emergency declared by the President or Congress.
• Draves’ FDNY pension benefits are required to be computed as if the employee had remained continuously employed during the period of military service, 38 U.S.C. § 4318.
• Defendants failed to properly credit Draves’ military service time for pension purposes and denied him the pension rights he would have accrued had he remained continuously employed, in direct violation of USERRA.
• As a direct result of Defendants’ unlawful actions, Draves’ has suffered substantial financial losses, including but not limited to lost wages and benefits.

Draves alleges that the City’s conduct was willful and that it engaged in a pattern of discriminatory treatment toward service members returning from military duty. He is seeking compensatory damages, liquidated damages under USERRA’s enforcement provisions, attorney’s fees, and such other relief as the court deems just and proper.

Here is a copy of the complaint: