Metro

Payouts start flowing in FDNY discrimination suit

After a seven-year legal brawl, the first batch of checks from the FDNY discrimination case are finally rolling off the presses – and they aren’t even part of the $98 million settlement earmarked for lost back pay and benefits.

The city is quietly cutting $2,501 checks to members of the Vulcan Society’s class action suit who sought separate emotional damage claims over the FDNY’s bigoted hiring practices, according to Brooklyn federal court papers.

Those funds are on top of the whopping $98 million the city agreed to pay out to roughly 1,500 Hispanic and black victims to cover their financial losses.

They sued the city in 2007 for using discriminatory entrance exams that lessened their chances of getting hired.

“To be honest, I never thought anything was going to come of all this,” said Gardy Augustin, one of the first few class action members to be cut a check. “I don’t think what they did on those tests was right. I was a volunteer firefighter in Uniondale and I don’t think I was given a fair shot.”

Augustin said he left New York after his FDNY rejection and resettled in Atlanta where he is looking for work. “That took a lot out of me,” he said.

Curiously, the emotional damage funds are only available to black members of the class action and not Hispanics, court papers state.

According to language on the Department of Justice’s Web site, Vulcan Society attorneys sought out the special provision for black class action members while no one bothered to do so for Hispanics.

“As a result, compensatory damages are available only for black applicants,” the site reads.

At least one Hispanic applicant for emotional damages was rejected last year because of his ethnic ineligibility, according to Brooklyn federal court papers.

Roughly 200 of the class action’s 1,500 members sought out emotional damages, a source told The Post. With each expected to be offered roughly $2,501, the payments could add millions to the FDNY discrimination case’s ballooning price tag.

A total of 19 people agreed to that amount this week and will be sent checks within the coming months, according to Brooklyn federal court papers. Those who reject the offer will be able to argue their case in front of a special panel who will review their claim.

In order to receive emotional damage compensation, applicants must show concrete evidence that the quality of their lives have been compromised by the FDNY’s discrimination.

The $98 million settlement amount also doesn’t include at least $3.7 million more the city will be on the hook for in fees to the plaintiffs’ lawyers.