Civil Rights and Personal Injury and General Practice Law Firm, Dedicated to Social Justice
The Law Offices of Frederick K. Brewington is a well-respected litigation firm with an office in Hempstead, Long Island. Our focus is primarily in the area of civil rights, voting rights, employment discrimination, police misconduct, personal injury, medical malpractice, wrongful death and criminal law. However, the Law Offices of Frederick K. Brewington is a full- service law firm handling matters in numerous areas of law and providing a wide range of services from contract formation to litigation and trial practice.
Former Assistant District Attorney Files Federal Lawsuit and Alleges Employment Discrimination and Other Civil Rights Violations against Suffolk County District Attorney, Office of the District Attorney and County of Suffolk
On November 17, 2014, The Law Offices of Frederick K. Brewington filed a Federal Complaint on behalf of Rashika N. Hettiarachchi in the Eastern District of New York. After the New York State Division of Human Rights completed its initial investigation, with a finding of probable cause that discrimination had occurred, it was decided that the matter should be reviewed in Federal Court.
Ms. Hettiarachchi, who is South Asian, received authority from the New York State Division of Human Rights and the U.S. Equal Employment Opportunity Commission to pursue an action in Federal Court against her former employer. During the seven years that Ms. Hettiarachchi served the people of Suffolk County and New York State as an assistant prosecutor, she experienced multiple violations of her civil rights while working in an environment that treated her differently and with less respect than other colleagues who were not persons of color. Still, as an Assistant District Attorney for the County of Suffolk, Ms. Hettiarachchi endured her treatment in the hope that things would change. They did not.
During her tenure, Ms. Hettiarachchi was the subject of repeated acts of discrimination based on race, color, national origin, gender and disability. Over a period of time, the DA’s office severely delayed promotional opportunities for Ms. Hettiarachchi after taking maternity leave, while less experienced ADAs, who did not take maternity leave, were promoted at a faster rate. Not only was she the target of both racial and gender bias and discrimination, shortly after Ms. Hetteriachchi discussed a medical diagnosis and her disability with her employer, she was terminated from her position. The defendants suggested that the termination was performance-based, yet she was highly rated in many performance evaluation areas and, as employers, the defendants did not contest her collection of unemployment payments following her termination. Ms. Hettiarachchi is one of two minority women who has filed a discrimination case against the defendants pertaining to their practices of systemic discrimination against minorities with regard to promotions. The complaint has been served on the defendants and will now proceed in the discovery process.
In addition to the Complaint naming Suffolk County, the Suffolk County District Attorney’s Office, and Thomas J. Spota, the Suffolk County district attorney, the Complaint also names Chief Assistant District Attorney Emily Constant, Division Chief Edward G. Heilig, Bureau Chiefs Edward Jablonski, Maureen McCormack and Kerriann Kelly and Deputy Bureau Chiefs Nancy Clifford and James Chalifoux.
“As we look at the track record of this office, it is clear that the treatment and opportunities were not the same for minority Assistants", said Frederick K. Brewington. " What our client experienced was something that must be addressed and that is why she has sought review by the Federal Court.”
“I never wanted it to come to this, but year after year, when I saw and experienced the wrongful treatment, it did not get better", Ms. Hettiarachchi stated. "If things are going to be corrected and changed for the better, someone has to step up and reveal this unfortunate truth. They have harmed me and my family and that is not what should be expected from such an office.”
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