BLOG

Correction Candidate Sues Claiming Racial Bias Taints Application and Review Process

FOR IMMEDIATE RELEASE

New York Civil Rights Lawyer Eric Sanders, Esq., of The Sanders Firm, P.C., alleges in a federal complaint that former candidate Osagyefo Essoen was subjected to racial discrimination during the application and review process for the position of Correction Officer, County of Westchester

New York, NY, January 2, 2018 – According to the lawsuit, former candidate Osagyefo Essoen alleges the application and review process including evaluating an applicant’s prior employment history, arrest and conviction records if used “objectively” is essential to determine suitability for appointment to the position of Correction Officer, County of Westchester.

“Title VII of the Civil Rights Act of 1964 prohibits the application and review process including evaluating an applicant’s prior employment history, arrest and conviction records designed to, or that has a tendency to, discriminate based upon race,” says Essoen.

In 1978, the United States Equal Employment Opportunity Commission (“EEOC”) adopted the Uniform Guidelines on Employee Selection Procedures (“UGESP”) under Title VII of the Civil Rights Act of 1964. Essoen alleges the “UGESP” provides uniform guidance for employers to ensure their testing and selection procedures are in compliance with Title VII of the Civil Rights Act of 1964, theory of disparate impact. According to the lawsuit, Essoen alleges the County of Westchester as an employer, upon information and belief, is not in compliance with the “UGESP.”

On or about April 9, 2016, Essoen claims he began the hiring and testing process for the position of Correction Officer, Westchester County, Examination No.: 61-648.

On or about August 25, 2016, Essoen claims the County of Westchester notified him that he attained a passing grade of 100 and ranked 71 on the list of eligible candidates.

On or about November 9, 2016, the County of Westchester administered the Written Psychological Examination to Essoen.

Shortly thereafter, acting as agents for the County of Westchester Partners in Safety, Inc. and one of their psychologists administered the Psychological Screening Interview to Essoen.

Essoen claims, on or about November 28, 2016, in violation of New York State Civil Service Law § 50.4, the County of Westchester; Robert P. Astorino; Mary Jennings Mahon and Sunil Ennacheril notified him, he failed the medical screening portion of the hiring and testing process and his name removed from the eligible list for the position of Correction Officer, Westchester County, Examination No.: 61-648.

Shortly thereafter, Essoen claims, the County of Westchester; Robert P. Astorino; Mary Jennings Mahon and Sunil Ennacheril and Adelita C. Davis adopted the recommendations of agent Partners in Safety, Inc.; Ursula Clancy; Russell Kamel and another  to disqualify him for the psychological portion of the hiring and selection process for the position of Correction Officer, Westchester County.

After contacting the County of Westchester Department of Human Resources, on or about November 30, 2016, a representative told Essoen there is no appeals process to challenge the psychological disqualification, according to the lawsuit.

According to the lawsuit, the County of Westchester; Robert P. Astorino; Mary Jennings Mahon; Francis Karintholil; Sunil Ennacheri; Adelita C. Davis; Partners in Safet, Inc.; Ursula Clancy; Russell Kamel and another intentionally created legal impediments to psychologically disqualify otherwise qualified African-American applicants for the position for Correction Officer, Westchester County.

“it’s time for transparency in the application and review process. This federal lawsuit is designed to force this much needed change,” says Eric Sanders.

Eric Sanders, Esq., of The Sanders Firm, P.C., filed the federal complaint in the United States District Court for the Southern District of New York, et al., 18 cv 00007, on January 2, 2018.

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 rightscivil service rightscriminal 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!

CONTACT

Eric Sanders, Esq.
President and Owner, The Sanders Firm, P.C.
Business Phone: 212-652-2782

Read Federal Lawsuit

Leave a Reply

Your email address will not be published. Required fields are marked *

COPYRIGHT © 2018 THE SANDERS FIRM, P.C. ALL RIGHTS RESERVED.