A black firefighter — who argued his positive test for marijuana was rigged because of racism — ought to be fired, a city administrative judge has recommended.
In September 2013, the FDNY conducted random urine testing on Kevin Simpkins, along with three white firefighters and their commanding officer. But Simpkins, 47, denied smoking pot, claiming the FDNY targeted him in retaliation for his involvement in a $98 million discrimination lawsuit against the city by the Vulcan Society, a fraternity of black firefighters.
Administrative law Judge Astrid Gloade rejected that argument as well as Simpkins' testimony that he underwent a 30-day drug-and-alcohol rehab program to "show integrity," even though he didn't need it.
Gloade wrote she might have recommended a lesser penalty if Simpkins had "taken responsibility for his conduct and acknowledged that he had taken steps to address his use of marijuana."
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