Firefighter Applicant Sues To Get Job After Repeatedly Failing Physical Test

Kevin Walker repeatedly failed the NYFD's physical test, so he figured he would just get the job by suing the city.

New York, NY – An entitled aspiring firefighter who flunked the New York Fire Department’s physical test on three occasions filed a lawsuit against the city, demanding to be given the job regardless of his failures.

Kevin Walker, 47, previously received a payout of $22,500 in 2014, when he was a lead plaintiff in a class-action lawsuit that accused the NYFD of discriminating against applicants based on their race, the New York Post reported.

That lawsuit settled for $100 million, and required NYFD officials to consider the suit’s plaintiffs as “priority hire” applicants.

Walker passed the qualifying exam, but couldn’t manage to get through the physical testing, despite multiple tries.

He made his first attempt on May 13, 2013, but kept grabbing the wall and handrail while on the stair machine, according to court documents.

Walker took another stab at the test a week later, but “fell or dismounted” from the stair machine three times while he was still in the 20-second warmup phase.

Unwilling to admit defeat, Walker accused the test proctor of making a mistake, and the NYFD agreed to let him try the test one more time.

Walker was still performing the seventh challenge - and had another one to go - when he ran out of time on the 10 min, 20 second test.

Although he wasn’t wearing a watch, Walker insisted he still had time to spare.

“Petitioner was going through the obstacle course even quicker than prior occasions but was suddenly stopped [with less than a minute to complete the obstacle course] by the examiner he had complained about claiming the time was up,” Walker said in the lawsuit.

When his attempts to appeal the failed physical tests were denied, Walker filed the lawsuit in Manhattan Supreme Court.

In the suit, he asked the court to award him “the position of firefighter, with the seniority he would have if not for the irrational disqualification,” the New York Post reported.

“He petitioned the court to just put him in,” an NYFD source told the paper. “That’s absurd if you’ve already proven…that you can’t get it done.”

The city fought back against the allegations, and noted that Walker had no evidence to support his claims that he was treated unfairly due to his prior lawsuit against the city.

“Petitioner provides no basis, other than his alleged ‘thought’ or ‘belief,’ to support his assertion that the proctor even knew that petitioner was a lead plaintiff in the [previous] lawsuit,” the city’s motion to dismiss read.

On Dec. 14, 2018, Manhattan Supreme Court Justice Carmen Victoria St. George determined that Walker’s place on the list of eligible applicants had expired, and that handing him a position within the NYFD would therefore be unconstitutional.

She dismissed his lawsuit, and encouraged him to try retaking the test in the future.

Walker and his attorney did not respond to requests for comment after the judge’s decision, the New York Post reported.

Comments (34)
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Mudpup
Mudpup

So He gets the job, someone dies because he can’t do it, then he sues because he has PTSD for causing someone’s death when NYFD knew he wasn’t competent.

MSK
MSK

This guy is a POS. As a retired firefighter I can tell you that your ability to perform physically is crucial. This clown would wind up getting a civilian, fellow firefighter or himself killed. I’ll bet you any money that his plan was to get on the job, immediately get injured then retire on a disability and collect a disability pension for the rest of his life. He no more wants to be a firefighter than a man in the moon. Pray he and his scumbag attorney don’t appeal.

Shooter218
Shooter218

Please tell me the courts are starting to wake up to this B/S

Fire Captain
Fire Captain

As a retired Fire Captain, I say the Courts made the RIGHT decision with this idiot. If he can not pass the physical exam, he demonstrates an extreme danger to his fellow firefighter's (and HIS - (natural selection?) lives and possibly, that of others. He and his lawyer need to be more realistic. PLUS, as an Department, I would NEVER hire him just because of his many and frivolous and sniveling law suits. A costly law suit disaster, waiting to happen for the city of New York. MY guess would be, that were he indeed hired, it would be a matter of time before he applied for some fake and lame disability claim. I hope the next Court sees through this scam.

Det_John_Kimble
Det_John_Kimble

This is the Liberal way of dealing with your problems. I'm sure he blames society for letting him fail and not his own fat ass.

Rowdyone*
Rowdyone*

LOSER!

Jones24
Jones24

Unbelievable that he thinks he should just get the job. His Parents did not prepare him for the real world. Sorry you have to work hard to get things you want. Everyone does not get a trophy in the real world.

TCSO7801
TCSO7801

At 47 yoa could this whiney ass even qualify to enter the pension system. Does the FDNY have a mandatory retirement age and a minimum years of service requirement for their pension. Agree that he would have some mysterious accident and apply for disability. If some bleeding heart judge does force them to hire place him on the busiest Ladder Company or Truck Company in NYC. He won't make it through probation.

LEO0301
LEO0301

Since there was no picture of this loser I did a little research and found one attached to another article about the suit. It was as expected...

THEDUKE
THEDUKE

You notice how creative these lowlifes are at finding potential ways to get something for nothing or little to no effort instead of working for it like anyone else. So besides grabbing the wall or the handrail while testing he just thought he'd grab the "victim" or the race card as well eh?

angeleyes
angeleyes

too old to feel so entitled, looking for a free handout. he just wants to feign an injury later to be able to "retire" with a good pension. wouldn't want him to be the one to save my life, i'd die waiting for him.

Flynguy
Flynguy

He’s J.A.S.O.N. Just Another Stupid Old N......

RPG156
RPG156

In every case of a physical agility test, the agency is required to show that the skills required translate to actual needs of the job. In some cases, fire fighters on the job are required to go through the agility test, their times and performance used to recalibrate, alter or abolish the test. While frivolous on its face, the lawsuit is likely to drastically change the test for future applicants and diminish the profession's safety overall.

EddieK
EddieK

Apparently this man has a death wish and wants to die on the job. If he is married, his widow will get a nice chunk of money, then add insult to injury, she could in turn sue the NYFD for neglegently hiring someone who they knew could not physically perform his duties. His spouse will have a solid claim.

Cromaxgal
Cromaxgal

Another entitled attitude.

Mic911
Mic911

If you can't pass the test after 3 times forget it about it!!! Whinny ass, I sure as hell would not want you on a hose line with me. I was a firefighter/EMT for 15 years, had a great bunch of guys and gals with me all the time.

Mrs10
Mrs10

I'm not surprised that he's suing. It's the new "normal" for some. But I am surprised he could find a lawyer willing to take this case that would obviously be on retainer. Or actually he could just use the one already living large on the first payout from NYFD. So sad.

Shmoop
Shmoop

In my fire academy we lost 7 out of 23. 5 men and 2 women. Never did one of those probationary employees say "I'm suing" Most went out, trained harder, and came back for the next academy. This guys is the epitome of what we don't want during a fire, or medical emergency. Thank you courts!

disabledsfcvet
disabledsfcvet

if you in the military and cant do the physical testing you discharged after so many attempts. They send you to PT Training with a one on one and see if they can help you but if you just don't care or cant do it you done with a honorable discharge with no benefits unless you had your time in before or your got hurt and a wavier was issued. So why should it be any different in the Fire Dept or First Responders, Police dept all have to be physically fit to do their job and it hinders the performance of the other team players when you can keep up and do the PT testing too.