(Press Release)
Settlements Resolve Five Complaints Originally Filed in 2021
Respondents Agree to Pay Civil Fines to the State Totaling $28,000 and Change Policies and Practices to Prevent Unlawful Discrimination
Includes Settlement of Complaints Over Discriminatory Membership Policies at Local Fire Departments
The New York State Division of Human Rights today announced the resolution of complaints filed against the Brookhaven Fire District and Fire Department, as well as the Levittown Fire District and Fire Department relating to the display of Confederate flags on Fire Department property. Under the terms of the settlement agreements announced today, the Districts and Departments agreed to remove all displays or depictions of the Confederate flag and adopted policies prohibiting the use of this symbol in the future.
The Division also today announced the resolution of multiple complaints against the Fire Districts and Fire Departments of Brookhaven, Levittown, and Holbrook relating to allegations of discriminatory membership policies and application materials in use by the respondents. In particular, the complaints charged Districts and Departments with unlawfully requesting and considering information about applicants’ national origin, religion, and other protected classes as part of the application process. Under the terms of the settlement agreements in these cases, the Districts and Departments agreed to amend their membership applications and policies to comply with the New York State Human Rights Law.
Pursuant to these settlement agreements, which were concluded between July 2024 and January 2025, all respondents also agreed to participate in training on the Human Rights Law and to pay civil fines to the State of New York totaling $28,000.
“People rely on emergency services like those provided by fire departments for help in moments of tremendous stress and danger,” said Division of Human Rights Acting Commissioner Denise M. Miranda, Esq. “When services like these display symbols of racism or maintain policies that unlawfully discriminate against people who may want to join the department, it damages public trust and harms communities. Hate and discrimination have no place in New York State, and the Division of Human Rights will continue using every available tool to hold violators of the Human Rights Law accountable.”
All respondents in the complaint resolutions announced today will remain subject to ongoing review by the Division of Human Rights to confirm their compliance with the terms of their respective settlement agreements for three years on a semi-annual basis. If any respondent does not comply with the terms of their settlement agreement, the Division may initiate further proceedings to enforce compliance and seek additional penalties.
Confederate Flag Complaints
In its complaint against the Brookhaven Fire District and Fire Department, the Division of Human Rights alleged that a member of the Brookhaven Fire Department displayed a Confederate flag on a fire truck owned by the Department while participating in an event in August 2020 for a member of the fire service who had been diagnosed with a serious illness. The Confederate flag was seen on the Department’s fire truck by members of the public who called the Fire Department and media outlets to report the incident.
During its investigation of the Levittown Fire District and Fire Department, the Division of Human Rights found that the Fire Department operated a drill team known as the “Rebels” that competed against teams from other fire departments in tests of firefighting skills. According to the complaint ultimately filed by the Division, the Levittown team used equipment featuring a cartoon character holding a Confederate flag and wearing a belt marked by the letters “L.F.D.” for Levittown Fire Department. The Division’s complaint alleged that this character, including the Confederate flag it held, was placed on Fire Department vehicles and apparel.
In filing these complaints, the Division asserted that the Confederate flag is a historical symbol of racism and that its display by the Brookhaven Fire Department and Levittown Fire Department violated the New York State Human Rights Law by conveying a discriminatory message and thereby limiting the public’s ability to rely on and utilize the critical fire and EMS services provided by these Departments, as well as discouraging prospective applicants from seeking to join their Departments.
As part of the settlements announced today, the Fire Districts and Fire Departments agreed to remove depictions of the Confederate flag from their equipment, property, apparel, websites, and social media accounts and to adopt policies prohibiting its display – or the display of other hate symbols – in the future. Both Districts and Departments also agreed to have all District Commissioners and Department members participate in training on the Human Rights Law.
Membership Policy Complaints
The resolutions announced today also include settlements related to several Division-initiated complaints alleging discriminatory practices in the membership applications and policies of several Fire Departments.
In complaints against the Holbrook Fire District and Volunteer Department, the Brookhaven Fire District and Fire Department, and the Levittown Fire District and Department, the Division alleged that the respondents’ membership applications unlawfully asked questions about applicants’ protected classes and maintained by-laws unlawfully stipulating that only United States citizens were eligible to become members of the Departments.
In its complaint against the Holbrook Fire District and Volunteer Department, the Division alleged that the Department’s volunteer membership application unlawfully requested information about applicants’ national origin, religion, and whether they had been charged with or convicted of a crime.
In its complaint against the Brookhaven Fire District and Volunteer Department, the Division alleged that the Department’s membership application unlawfully stated that applicants must be U.S. citizens and unlawfully required applicants to disclose their citizenship status. The complaint further alleged that the Department’s membership application unlawfully required applicants to state whether they had ever been charged with or convicted of a felony.
In its complaint against the Levittown Fire District and Fire Department, the Division alleged that the Department’s membership application unlawfully required applicants to disclose their citizenship status, including whether they were a citizen by birth or by naturalization. The complaint further alleged that the application unlawfully required applicants to disclose their marital status and whether they had ever been charged with or convicted of a crime.
The New York State Human Rights Law prohibits professional or volunteer fire departments from discriminating against or denying membership to individuals on the basis of their race, color, religion, national origin, marital status, and other protected classes. The Human Rights Law further prohibits entities from asking about or taking adverse actions against an applicant for a volunteer position based on an arrest or criminal accusation not currently pending against that individual.
The Holbrook Fire District and Volunteer Department, the Brookhaven Fire District and Fire Department, and the Levittown Fire District and Department each agreed to settle the complaints filed by the Division of Human Rights relating to these membership policy complaints. Under the terms of the settlement agreements, the respondents agreed to adopt amendments to their membership applications and by-laws to comply with the New York State Human Rights Law. The respondents also agreed to have all District Commissioners and Department members participate in training on the Human Rights Law.
About the New York State Division of Human Rights
The New York State Division of Human Rights is dedicated to eliminating discrimination, remedying injustice, and promoting equal opportunity, access, and dignity.
The Division of Human Rights is empowered by law to investigate and prosecute systematic patterns of discrimination through its Division Initiated Action Unit (DIAU). The DIAU can, upon its own motion, initiate investigations and file complaints alleging violations of the state anti-discrimination law. Individuals can report systemic issues of discrimination by emailing the Division at [email protected].
Each of the settlement agreements announced today relate to complaints originally filed by DIAU under its authority to investigate and prosecute issues of systemic discrimination. DIAU cases resolved in 2024 resulted in a total of $67,000 in civil fines paid to the State of New York, in addition to case-specific requirements to ensure respondents’ compliance with the Human Rights Law. Thus far in 2025, DIAU cases have resulted in a total of $11,000 in civil fines paid to the State of New York.
New Yorkers experiencing harassment or discrimination are encouraged to file a complaint with the Division. If you experience any form of hate or bias in NYS, please call 844-NO-2-HATE or use our online submission form for assistance. For more information about the law or to file a complaint, please visit dhr.ny.gov, and follow the Division of Human Rights on social media: Facebook, Instagram, LinkedIn, Threads, X, and YouTube.