FOR IMMEDIATE RELEASE
New York Civil Rights Lawyer Eric Sanders, Esq., of The Sanders Firm, P.C., the court determined Brown has adequately pled disparate treatment and disparate impact in the psychological screening process of candidates seeking appointment to the position of Deputy Sheriff for the City of New York. Additionally, Brown adequately pled a Monell claim against the City.
New York, March 24, 2017 – According to the lawsuit, Mr. Barry Brown, is a former employee of the New York City Department of Finance – Sheriff’s Division, employed as a Deputy Sheriff. Deputy Sheriffs are peace officers as defined under the New York State Criminal Procedure Law and authorized to make warrantless arrests, issue summonses, conduct vehicle stops, carry and use firearms, batons, pepper spray, handcuffs, and use physical and deadly force. Deputy Sheriffs in their civil enforcement role are authorized to enforce parts of the New York State Civil Practice Law and Rules (“CPLR”).
According to the lawsuit, Brown contends Title VII of the Civil Rights Act of 1964 prohibits psychological testing designed to, or that has a tendency to, discriminate based upon race. Moreover, psychological testing where the administration results in disparate treatment or disparate impact upon applicants or employees based upon race, violates Title VII of the Civil Rights Act of 1964. Brown sued the City of New York, Former New York City Department of Finance Commissioners David Frankel, Beth E. Goldman and Jacques Jiha; and NYPD Psychologists Eloise M. Archibald, Frank P. Pesale and Alexander Stratis.
On May 13, 2013 Brown was terminated. Brown claims his termination was based upon the racially biased psychological evaluations under NYPD Psychological Services. Brown further claims the entire pool, one hundred (100) percent of Black or African-American candidates were psychologically disqualified. Moreover, sixty (60) percent of the pool of Black or African-American psychologically disqualified candidates went onto become members of other law enforcement agencies including the New Jersey State Police. Brown appealed his psychological disqualification to the New York Civil Service Commission.
On February 19, 2016, according to Brown, the New York City Civil Service Commission affirmed Brown’s psychological disqualification along racial lines. Brown claims, Commissioners Nancy G. Chaffetz and Charles D. McFaul voted to affirm despite their pointed questioning about the veracity of the psychological assessments and Commissioner Rudy Washington voted to reverse the New York City Department of Finance’s determination and find him qualified for the position of Deputy Sheriff after his pointed questioning about the veracity of the psychological assessments.
Shortly after filing the federal lawsuit, the City of New York and other parties motioned the court to dismiss the case.
Yesterday, the court granted the motion to dismiss against the New York City Department of Finance Commissioners and denied as to the others. In the court’s decision, it determined Brown has adequately pled disparate treatment and disparate impact in the psychological screening process of candidates seeking appointment to the position of Deputy Sheriff for the City of New York. Additionally, Brown adequately pled a Monell claim against the City.
“We are obviously pleased with the Court’s decision. For more than thirty (30) years, Blacks, other persons of color and women have complained about alleged bias in the psychological screening process for law enforcement positions. Mr. Brown isn’t an isolated case. More often than not, after reviewing the psychologists reasoning, it’s hard not to conclude the reasoning is based solely upon a subjective analysis of the candidate. Hopefully, with Mr. Brown’s and the related cases, we can force the City of New York to ensure the psychological screening process is more scientifically reliable. After all, the candidates have a right to fairly compete and the citizens deserve to have the best qualified employees protecting their rights,” says Eric Sanders.
Eric Sanders, Esq., of The Sanders Firm, P.C., filed the federal lawsuit in the United States District Court for the Eastern District of New York Docket No.: 16 cv 1106 on March 5, 2016.
ABOUT THE SANDERS FIRM, P.C.
The Sanders Firm, P.C. offers those in the New York City area legal services related and connected to civil rights, civil service rights, criminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights. We are your voice for justice!
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