FOR IMMEDIATE RELEASE
East Hampton Police Officer Files PERB Charge Alleging Retaliation, Union Complicity, and Targeted Disciplinary Action Amid Gender Discrimination Battle
New York, NY — August 24, 2024 — Andrea M. Kess, a veteran police officer with the East Hampton Town Police Department, has escalated her legal battle by filing an Improper Practice Charge with the New York State Public Employment Relations Board (PERB). The charge alleges that both the Town of East Hampton and the East Hampton Town Police Benevolent Association (PBA) engaged in coordinated retaliatory actions against her after she exposed ongoing gender-based discrimination within the department.
Background
Officer Kess, who has served the East Hampton community since 2016, has long been an outspoken critic of the department’s “boys club” culture, which she claims marginalizes and discriminates against female officers. Since 2018, Kess has repeatedly raised concerns about being subjected to a hostile work environment, including being denied career advancement opportunities, facing excessive scrutiny, and being assigned to punitive duties—all while her male counterparts received preferential treatment.
Despite her efforts to seek assistance from the PBA, the union tasked with protecting her rights as an officer, Kess isolated herself. PBA President Joseph Izzo ignored her concerns and actively discouraged her from pursuing legal action against the Town and the department. Faced with a lack of support from her union, Kess took matters into her own hands and filed several charges with the Equal Employment Opportunity Commission (EEOC) beginning in 2023.
Union Disciplinary Action
On August 7, 2024, in direct retaliation for her EEOC filings, the Executive Board of the East Hampton Town PBA initiated disciplinary charges against Kess, accusing her of allegedly engaging in actions against the union’s interests. These charges centered on Kess’s disclosure of private communications between union members and Town officials, which she included in her EEOC complaint. Kess maintains that these disclosures were necessary to expose the ongoing discrimination and retaliation within the department.
- Special PBA Meeting: The PBA scheduled a special meeting on August 13, 2024, to address these charges. The meeting, held at the East Hampton Town Police Department headquarters—a location under the supervision of officials implicated in Kess’s EEOC complaint—was seen by Kess as further evidence of the union’s retaliatory intent. Due to this perception, Kess refused to attend the meeting.
- Anonymous Vote and Suspension: During the special meeting, 31 PBA members participated in a vote to determine whether Kess should face disciplinary action. The result was overwhelmingly in favor of suspension, with 29 members voting to impose a six-month suspension on Kess from the union. The PBA justified this decision because Kess’s actions were detrimental to the union’s interests—a claim Kess disputes, asserting that the union’s true motive was to silence her and weaken her legal claims.
Alleged Violations of the Taylor Law
Kess’s PERB charge includes specific allegations under the Public Employees Fair Employment Act (Taylor Law), accusing the Town of East Hampton and the PBA of violating her rights as a public employee and union member.
- 209-a.1(a) Against the Town of East Hampton: This section prohibits public employers from interfering with, restraining, or coercing public employees in exercising their rights. Kess alleges that the Town of East Hampton violated this provision by retaliating against her for exercising her legal rights, including filing complaints with the EEOC and exposing discriminatory practices. The retaliatory disciplinary charges initiated by the Town are cited as clear evidence of this interference.
- 209-a.2(a) and (c) Against the East Hampton Town Police Benevolent Association:
- Section 209-a.2(a) prohibits employee organizations, such as the PBA, from interfering with, restraining, or coercing public employees in exercising their rights guaranteed by the Taylor Law. Kess contends that the PBA violated this section by failing to support her in her fight against discrimination and actively participating in retaliatory actions against her, including suspension from the union.
- Section 209-a.2(c) specifically addresses a union’s duty to fairly represent all employees in negotiating, administering, and enforcing collective bargaining agreements. Kess alleges that the PBA breached this duty by siding with the Town of East Hampton against her, failing to protect her rights as a union member, and imposing disciplinary action that was both unjustified and retaliatory.
Retaliation and Legal Implications
The filing of this PERB charge represents a significant escalation in Kess’s legal battle against the Town of East Hampton and its police department. By bringing these allegations before PERB, Kess seeks to hold the Town and the union accountable for their retaliatory and discriminatory actions. The outcome of this case could have wide-reaching implications, not only for Kess but for all public employees who rely on unions to protect their rights against employer misconduct.
Attorney Eric Sanders, representing Kess, stated, “The retaliatory actions taken against Officer Kess are a clear violation of her rights, both as a public employee and as a union member. This is not just about one officer’s fight for justice—this case is about challenging a system that allows discrimination and retaliation to thrive. We will continue to pursue all legal avenues to ensure Officer Kess receives the justice she deserves and that no other officer has to endure what she has faced.”
Call to Action
Officer Kess’s case has brought national attention to the issue of gender discrimination and union collaboration in law enforcement. The charges she has filed challenge the status quo and seek to create a safer, more equitable work environment for all officers. The legal proceedings in this case will be closely watched, as they have the potential to influence how similar cases are handled across the state and beyond.
For more information on this case and its developments, visit The Sanders Firm, P.C., or follow us on LinkedIn, Facebook, and YouTube.
Contact Information
The Sanders Firm, P.C.
30 Wall Street, 8th Floor
New York, NY 10005
Phone: 212-652-2782
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Read the Improper Practice Charge
Read the Notice of Disciplinary Charges
