ENEWSLETTER: June 2015

The Law Offices of Frederick K. Brewington

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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.

Division of Human Rights Finds Probable Cause Against Nassau County Sheriff's Department on the Basis of Discrimination Against Female African-American Nassau County Correction Officer

The New York State Division of Human Rights recently found probable cause against the Nassau County Sheriff's Department on the basis of discrimination against Mary Williams, a client of The Law Offices of Frederick K. Brewington. Ms. Williams, an officer with the Nassau County Department of Corrections for fifteen years, has charged the department with unlawful discriminatory practice relating to employment based on race and sex in violation of the Human Rights Law.

On September 16, 2014, Ms. Williams noticed a swastika and the letters "KKK" carved into the doorframe by her post. Ms. Williams was disturbed and very upset that these racially based sketches were in an area accessible only to employees. She notified her supervisor and, when no action was taken, she contacted Equal Employment Opportunity (EEO) Director Mary Elisabeth Ostermann. In their meeting, Ms. Williams was advised that there was nothing that could be done and that "they didn't offer any sensitivity training." In addition, Ms. Ostermann failed to conduct an investigation and did not call any witnesses to corroborate Ms. Williams’ claims.

After filing the first report, Ms. Williams alleged that she was subject to increased hostility from co-workers. When she was once yelled at by a fellow officer in an aggressive tone, she was so afraid that she had to leave work. She felt that this action was a direct response to her expressing concerns of racism towards herself and her fellow African-American co-workers. Ms. Williams later began to miss work in order to avoid being in the same area where the offensive markings were discovered.

According to its written policy, the Nassau County Corrections Department encourages the reporting of all perceived incidents of discrimination and is supposed to investigate all such reports. In this case, the department failed to follow its own policy. Ms. Williams followed procedure in the necessary time period by reporting the incident to the proper channels. The EEO failed to investigate her claim and to interview both Ms. Williams and her witnesses. The agency was directed to make the necessary people available to interview, but failed to produce them throughout the investigation. These issues may be resolved at a public hearing before an administrative law judge, where testimony will be taken under oath, or may proceed to court for a full public trial. All allegations related to discrimination are to be addressed at either of those levels.

On May 28, Leon C. Dimaya, the acting director of the New York State Division of Human Rights, reviewed the evidence and determined that probable cause existed, in that the Nassau County Corrections Department engaged in and/or are engaging in unlawful discriminatory practice. He also recommended the matter proceed forward.

 

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