Applicant Sued FDNY Over Age Restrictions
A candidate challenged FDNY disqualification policies in court after turning 29.
Updated on Sept. 23, 2026 in Accidents
Skylar Mercado has filed a lawsuit in Manhattan Supreme Court against the City of New York, claiming the FDNY improperly disqualified him based on age. Mercado, who ranked 208 out of over 20,000 applicants, argues the exclusion violates the New York Equal Rights Amendment.
Why it matters
The case tests the application of the New York Equal Rights Amendment regarding age-based hiring policies within municipal departments. It highlights potential friction between long-standing personnel requirements and recently passed constitutional protections.
The lawsuit was officially filed in Manhattan Supreme Court on September 23, 2026. This follows the FDNY's issuance of a final notice of disqualification to the plaintiff on September 22, 2026.
The players
Skylar Mercado
He is the plaintiff who is challenging the FDNY's age-based disqualification policies in court.
FDNY
The New York City Fire Department is the agency being sued for its hiring restrictions and applicant age limits.
Steve Mercado
He was a casualty of the September 11, 2001, terrorist attacks on the World Trade Center.
The details
After the FDNY rescheduled entrance exams from March 6 to June 24, 2024, Mercado reached the age threshold of 29 in April. Despite his high performance on the written exam, he was disqualified during an intake interview for exceeding the department's age limit.
Timeline
September 11, 2001: Steve Mercado died in the World Trade Center attack.
March 6, 2024: The FDNY originally planned to begin the application process.
April 28, 2024: Skylar Mercado turned 29 years old.
June 24, 2024: The FDNY conducted the rescheduled entrance exam.
September 23, 2026: The lawsuit was filed in Manhattan Supreme Court.
Legal Context
This litigation highlights the evolving interpretation of the New York Equal Rights Amendment passed by voters in 2024. The case explores whether broad constitutional equality protections can be used to override specific municipal civil service requirements.
The outcome of this lawsuit could force the city to revise its recruitment standards for public safety positions. It may also provide clarity for future applicants regarding how the state's Equal Rights Amendment interacts with existing municipal employment rules.
The takeaway
This case demonstrates how newly enacted constitutional amendments are being leveraged to challenge established municipal personnel policies. Applicants now face a complex legal environment where traditional agency rules may increasingly face scrutiny under state-level equality statutes.
Further reading
For more on local legal proceedings, visit the Accidents section.
