NYPD Hit with Retaliation and Discrimination Lawsuits

The NYPD was sued twice in federal court in recent weeks based on allegations of discrimination; one racially-based, the other disability.

The racial discrimination claim involves an African-American sergeant, Tel Beharry, who joined the NYPD in 2001. He claims that the NYPD retaliated against him following his filing of a formal complaint in November 2015 regarding racist comments in the workplace.

“In retaliation for Mr. Beharry filing this official complaint, [the NYPD] refused to provide [him] with overtime opportunities and preferential supervisory roles,” the complaint states.

In March 2016 Beharry requested a preferential supervisory position, according to the complaint. He claims the NYPD denied his request, reassigned him to a patrol position, and gave “supervisory positions to seven Hispanic officers with significantly less experience than [him].”

Beharry also claims that in July 2016 he was issued a “failure to supervise” reprimand even though two other supervisors were present in the precinct at the time. In December 2016 the NYPD changed his schedule requiring that he cover the 4:00 p.m. to midnight shift.

The case involving discrimination based on disability was brought by Gloria Muldrow, who applied for the job of police communications technician, i.e. 911 operator. 

Muldrow claims she passed the necessary exam in spring 2015. In early 2017 she received a call letting her know that her number had come up and she was to report to the office for a medical exam. 

The complaint states that during the exam, Muldrow was asked if she had any medical conditions. She let them know she had osteoarthritis in her knees but was fully capable of doing the job since it involved sitting at a desk taking calls and typing into a computer.

The NYPD medical staff did not physically examine her or put her through any tests, according to the complaint. Muldrow supplied a letter from her doctor clearing for work answering phones. 

Nevertheless, Muldrow received a letter from the NYPD in July 2017 informing her that she had been found “not qualified” for the position of communications technician because of her osteoarthritis. She claims this was discrimination based on her disability.

Both cases were brought in the Southern District of New York.  Beharry is represented by Michael Hilferty and Muldrow is represented by Josh Bernstein, both of whom are based in New York city.

Image Source: Peter Burge (Flickr)

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