FOR IMMEDIATE RELEASE
Eric Sanders, Esq., of The Sanders Firm, P.C., announces Police Officer Andrea M. Kess has filed a Charge of Discrimination with the United States Equal Employment Opportunity Commission against the Town of East Hampton, alleging new retaliation charges over ‘False’ EEOC Position Statement.
NEW YORK, July 17, 2023—Today, in a bold move to uphold justice and integrity within law enforcement, Officer Andrea M. Kess has filed new retaliation charges against the Town of East Hampton. The claims, submitted to the U.S. Equal Employment Opportunity Commission (EEOC), highlight ‘false’ statements by Chief Sarlo and other agents in response to her previous discrimination complaint.
Officer Kess’s journey to seek justice began with her initial EEOC Charge of Discrimination, which detailed pervasive gender discrimination and harassment within the department. Instead of addressing these serious allegations, Chief Sarlo retaliated by submitting a deceitful position statement filled with ‘baseless’ accusations intended to discredit Officer Kess and derail her claims.
Uncovering Falsehoods
According to the charge, Chief Sarlo’s October 26, 2023, position statement is riddled with falsehoods and ‘blatant’ misrepresentations. The statement claims that Kess had a history of misconduct and poor performance, accusations that starkly contradict her exemplary service record. Over her eight-year tenure, Kess received multiple commendations and awards from Chief Sarlo himself, praising her “exemplary service,” “excellent police work,” and “dedication to the profession.”
In a detailed charge filed with the EEOC outlining Chief Sarlo’s misrepresentations, Officer Kess highlighted the absence of any documented performance issues or misconduct in her personnel file. “Chief Sarlo’s allegations are not only ‘false’ but maliciously intended to destroy my credibility and professional integrity,” Kess stated. Her personnel file, which she reviewed on December 7, 2023, contained numerous commendations and positive performance evaluations, with no records supporting Sarlo’s claims.
Pattern of Retaliation
Officer Kess’s new retaliation complaint underscores a troubling pattern of retaliation within the East Hampton Town Police Department. The complaint includes information from other officers who have experienced or witnessed similar retaliatory and discriminatory behavior, including retired Sergeant Barry Johnson and Lieutenant Chelsea Tierney’s recorded conversations, numerous text messages, and other written documents from others. These documents reveal a culture of fear and intimidation aimed at silencing those who dare to speak out against retaliation and discrimination in the workplace.
In one instance, retired Sergeant Barry Johnson described his interview with investigator Arthur Riegel, who was hired by the town to conduct an “independent” investigation. Johnson recounted how Riegel asked leading questions and attempted to downplay negative accounts of the department’s treatment of female officers. Similarly, Lieutenant Tierney shared her struggles, feeling caught between her duty to support her colleagues and the pressure from superiors to suppress retaliation and discriminatory conduct.
A Culture of Fear
The retaliation against Officer Kess is not an isolated incident. Numerous female officers within the department have expressed fears of reprisal if they report discriminatory conduct in the workplace. Text messages from Lieutenant Tierney and audio recordings from retired Officer Grace Peterson provide chilling insights into the hostile work environment. Peterson recounted multiple instances where Lieutenant Daniel Toia exhibited aggressive and abusive behavior towards women, behavior that was ignored or covered up by the department.
In one alarming conversation, Peterson disclosed that Lieutenant Toia had a history of aggression, including physical altercations and threats. Despite these serious concerns, the department failed to take appropriate action to protect female officers, allowing a culture of intimidation to persist.
Seeking Justice
Officer Kess’s new retaliation complaint calls for accountability and transparency. By filing these charges, she aims to illuminate the systemic issues within the East Hampton Town Police Department and ensure that no officer faces retaliation for standing up against discrimination and harassment.
“The ‘false’ claims made against me are a clear attempt to punish me for exercising my rights and speaking out against unlawful conduct,” said Officer Kess. “I am committed to seeking justice for myself and all my colleagues who have endured similar behavior.”
Moving Forward
Officer Kess’s legal counsel, renowned civil rights attorney Eric Sanders, is determined to hold the Town of East Hampton accountable for Chief Sarlo and the others’ actions. They urge the EEOC and the United States Attorney for the Eastern District of New York (AUSA) to thoroughly investigate the retaliation claims and take appropriate action to rectify the injustices Kess and other officers face.
As this case unfolds, it serves as a stark reminder of the importance of protecting employees in the workplace, particularly law enforcement personnel, ensuring that agencies operate with integrity and accountability. Officer Kess’s bravery in standing up against retaliation sets a powerful example for others facing similar challenges.
“Frankly, I don’t understand the Town Board’s approach here. Who authorized the approval and filing of this position statement? The EEOC and the AUSA need to find out and hold the party(ies) legally responsible,” says Eric Sanders.
The Charge of Discrimination [Charge No.: 520-2024-06652] was filed with the United States Equal Employment Opportunity Commission on July 17, 2024.
The Sanders Firm, P.C. Fighting for Justice and Reform to Promote Equal Opportunity
New York Civil Rights Lawyer Eric Sanders, Esq., of The Sanders Firm, P.C., has a proven track record of fighting injustice and discrimination.
With over twenty (20) years of experience, Mr. Sanders has successfully litigated civil rights cases involving law enforcement agencies. The firm holds these institutions accountable and pushes for meaningful reforms to promote equal opportunity. Over the years, Mr. Sanders has secured millions of dollars in compensatory damages for clients alleging discrimination and other civil rights violations.
In this matter, Mr. Sanders is seeking injunctive relief and punitive damages to communicate that retaliation and discriminatory practices will not be tolerated. The Charge and, if necessary, a federal complaint filed in the United States Court for the Eastern District of New York – Central Islip requests the EEOC, AUSA, or the Court to require the Town and its police management to implement policy changes and training to remedy their harassment and discrimination. Specific measures proposed include:
- Appoint an independent monitor to oversee the town and its police management’s compliance with federal, state, and local anti-discrimination laws.
- Remove the executive staff, including Chief Michael D. Sarlo.
- Revising hiring, retention, and promotion policies to increase diversity and inclusion.
- Providing mandatory sensitivity and diversity education for all personnel.
- Establishing a confidential complaint process so other victims feel safe coming forward.
By fighting against civil rights violations like those alleged here, Mr. Sanders continues to advocate for creating fair and equitable workplaces. Overall, Mr. Sanders remains dedicated to eliminating retaliation and discrimination so that employees are judged based on “objective standards” and prevailing federal, state, and local anti-harassment laws.
Contact
For further information or to schedule an interview with Officer Andrea Kess or her counsel, please contact:
Eric Sanders, Esq.
President and Owner, The Sanders Firm, P.C.
Business Phone: 212-652-2782
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