FOR IMMEDIATE RELEASE
Officer Andrea M. Kess Details Shocking Allegations of Gender Bias, Harassment, Retaliation, and Leadership Failures Involving Chief Sarlo, Captain Anderson, and Key Officials in Lawsuit Against East Hampton Town Police Department
East Hampton, New York – September 5, 2024 – In a sweeping federal lawsuit filed in the United States District Court for the Eastern District of New York, Officer Andrea M. Kess has come forward with explosive allegations against the East Hampton Town Police Department. The lawsuit details years of systemic gender discrimination, harassment, and retaliation involving some of the department’s highest-ranking officials, including Chief Michael D. Sarlo, Captain Christopher Anderson, Lieutenant Daniel Toia, Lieutenant Chelsea Tierney, Lieutenant Gregory Schaefer, Police Officers Raymond Rau, and Luke McNamara. Kess’s lawsuit highlights widespread misconduct and questions the legitimacy of the ‘independent investigation’ of her complaints.
Represented by The Sanders Firm, P.C., Kess’s lawsuit describes a toxic, male-dominated culture within the department where female officers, including herself, were subjected to routine harassment, denied promotions, and retaliated against for reporting abuse. The lawsuit paints a disturbing picture of official misconduct at the highest levels of the East Hampton Town Police Department, where leadership actively protected male officers involved in wrongdoing while sidelining female officers who spoke out.
Chief Michael D. Sarlo’s Leadership and Allegations of Official Misconduct
At the heart of Kess’s lawsuit is Chief Michael D. Sarlo, who Kess accuses of overseeing and enabling a culture of gender discrimination and retaliation. According to the complaint, Sarlo consistently failed to address the widespread harassment of female officers, including Kess and instead participated in efforts to discredit her and protect male officers involved in misconduct.
Kess alleges that Sarlo not only ignored her complaints of harassment but also played a direct role in retaliating against her after she filed a formal Charge of Discrimination with the United States Equal Employment Opportunity Commission (EEOC) in May 2023. Rather than addressing her concerns, Sarlo allegedly spread false rumors about Kess within the department, accusing her of abusing sick leave policies and feigning illness to avoid work. These rumors, Kess claims, were part of a coordinated effort to discredit her and discourage other female officers from coming forward with similar complaints.
One of the most alarming incidents detailed in the lawsuit involves an internal department memo circulated by Sarlo in July 2023, just days after the New York Post published an article detailing Kess’s legal claims. In the memo, Sarlo falsely accused Kess of leaking confidential information and compromising the integrity of the department’s investigations. Kess asserts that this memo was designed to retaliate against her for exercising her First Amendment rights by speaking with the press. According to Kess, the memo was part of a broader effort to dissuade her from pursuing her legal claims and send a message to other officers that challenging the department’s leadership would result in retaliation.
Captain Christopher Anderson and the Perpetuation of a Male-Centric Culture
Captain Christopher Anderson is also implicated in Kess’s lawsuit as a key player in perpetuating the department’s gender-biased practices. Kess alleges that Anderson routinely disregarded her professional achievements, undermined her authority, and allowed male officers to engage in discriminatory behavior without consequence. The lawsuit claims that Anderson played a role in covering up instances of harassment and contributed to the hostile work environment that Kess and other female officers faced.
In one instance, Anderson allegedly minimized Kess’s role in a significant sex trafficking investigation that she had initiated and successfully led, referring to it as “your little prostitution case.” This dismissive attitude, Kess alleges, was emblematic of how male leadership within the department consistently devalued the contributions of female officers, regardless of their accomplishments or qualifications.
Lieutenant Daniel Toia’s Role in Harassment and Retaliation
Lieutenant Daniel Toia is one of the central figures named in Kess’s lawsuit, accused of repeated acts of harassment, intimidation, and retaliation. According to the complaint, Toia subjected Kess to ongoing verbal abuse, often referring to her in derogatory terms and questioning her competence as an officer. In one particularly egregious instance, Toia allegedly called Kess a “f—ing b—h” in front of her colleagues and claimed that “everyone thinks you’re a b—h.” These comments were part of a broader pattern of verbal harassment that created a hostile and demeaning work environment for Kess and other female officers.
In addition to verbal harassment, Kess alleges that Toia played a direct role in blocking her promotion to the Detective Division in both 2018 and 2022. Despite Kess outperforming all other candidates in measurable metrics such as arrests and citations, Toia repeatedly justified promoting less qualified male officers by citing “seniority,” a justification that Kess claims was a pretext for gender-based discrimination.
Kess also details how Toia failed to take her reports of harassment seriously and instead ridiculed her when she came forward. For example, when Kess reported that Police Officer Raymond Rau was spreading false rumors about her engaging in inappropriate relationships with other officers, Toia responded, “Well, are you? Are you f—ing him?” This dismissive attitude, Kess alleges, was part of a pattern of retaliation designed to undermine her credibility and protect the male officers involved.
Lieutenant Chelsea Tierney’s Complicity and Inaction
While Kess’s lawsuit focuses primarily on the actions of male officers, it also highlights Lieutenant Chelsea Tierney’s complicity, the department’s only female supervisor. According to the complaint, Tierney was legally responsible for protecting Kess and other female officers from harassment but instead participated in the department’s discriminatory practices.
Kess alleges that Tierney over-supervised her work at the direction of Chief Sarlo, contributing to the hostile environment that Kess faced. Rather than using her position to advocate for female officers, Tierney reportedly aligned herself with male leadership. She failed to challenge the decisions that denied Kess promotions and subjected her to retaliation. Kess claims that Tierney’s failure to act amounted to a violation of department policy and federal law, which required her to intervene and protect female officers from harassment.
Lieutenant Gregory Schaefer’s Flawed Investigation and Allegations of Cover-Up
Lieutenant Gregory Schaefer is accused in Kess’s lawsuit of conducting a deeply flawed and biased investigation into her complaints of harassment and retaliation. According to the complaint, Schaefer, who had direct knowledge of the abuses Kess endured, was tasked with investigating her allegations but failed to conduct a thorough or impartial inquiry. Kess alleges that Schaefer dismissed her complaints and minimized the severity of the harassment, often suggesting that she had “misunderstood” the abusive comments made by Lieutenant Toia and other male officers.
Kess asserts that Schaefer’s investigation was designed to protect the department’s leadership rather than to address her concerns. Instead of documenting key incidents of harassment and interviewing critical witnesses, Schaefer allegedly sought to downplay the allegations and shield male officers from accountability. His failure to act, according to Kess, was part of a broader cover-up intended to maintain the department’s male-dominated hierarchy.
Police Officer Raymond Rau’s False Rumors and Defamation
Kess’s lawsuit also targets Police Officer Raymond Rau for his role in spreading defamatory rumors about her within the department. According to the complaint, Rau falsely accused Kess of having inappropriate relationships with male officers and circulated baseless claims that she had sent nude photos to one of her colleagues. These rumors spread widely throughout the department, were designed to undermine Kess’s professional reputation, and contributed to the hostile work environment she faced.
Kess alleges that despite reporting these rumors to her supervisors, including Lieutenant Toia and Lieutenant Schaefer, no action was taken to address Rau’s behavior. Instead, Kess was ridiculed and retaliated against for bringing the issue to light.
Police Officer Luke McNamara’s Misconduct and Protected Status
Police Officer Luke McNamara is another key figure in Kess’s lawsuit. Despite misconduct allegations, including paying informants with his funds in narcotics cases, McNamara was promoted to the Detective Division over Kess, who had a far superior performance record. Kess alleges that McNamara’s promotion was part of the department’s pattern of protecting male officers, regardless of their qualifications or disciplinary history, while sidelining female officers like herself.
Kess’s lawsuit alleges that McNamara’s promotion violated department policies and exemplified the broader culture of favoritism and gender bias within the East Hampton Town Police Department.
The So-Called ‘Independent’ Investigation: A Flawed and Biased Process
Kess’s lawsuit also targets the so-called “independent” investigation conducted by outside attorney Arthur Riegel, which she claims was anything but impartial. According to the complaint, Riegel was hired by the Town of East Hampton to investigate Kess’s allegations, but the process was tainted by bias from the outset. Kess alleges that Riegel met with Chief Sarlo before and after interviewing witnesses, raising serious questions about the investigation’s integrity.
Kess further claims that Riegel failed to document critical evidence supporting her claims and ignored key witnesses who could corroborate the allegations of gender discrimination and retaliation. Instead of conducting a fair and thorough investigation, Kess asserts that Riegel’s role was to protect the department’s leadership and dismiss her claims as unfounded.
Legal and Broader Implications
Kess’s lawsuit is a landmark case that exposes deep-seated issues of gender discrimination, harassment, and official misconduct within law enforcement. According to Eric Sanders, founder of The Sanders Firm, P.C., “This lawsuit is about holding law enforcement accountable for allowing a culture of gender bias and retaliation to persist. Officer Kess’s experience is not an isolated incident, and this case can potentially set a precedent for meaningful reform within police departments nationwide.”
For more information on this case and its developments, visit The Sanders Firm, P.C., or follow us on LinkedIn, Facebook, and YouTube.
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