Posted on June 30, 2016- by Eric Sanders
NEW YORK, June 30, 2016 – New York Civil Rights Attorney Eric Sanders, Esq., of The Sanders Firm, P.C., representing NYPD Sergeant Zaka Rehman says the NYPD failed to promote him to Lieutenant due to his national origin.
Mr. Rehman is a Pakistani-American male who practices the Muslim faith. According to Mr. Rehman’s lawsuit, he alleges that he is being treated differently and not promoted due to his national origin.
Mr. Rehman alleges that in or around February 2011, he sat for Examination No.: 1534, the Promotion to Lieutenant, Police Department City of New York. Rehman claims on or about July 1, 2011, he was assigned to the 112th Precinct under the command of Queens North Assistant Chief Diana L. Pizzuti; Deputy Inspector Stephen P. O’Brien and Deputy Inspector Thomas Conforti where they enforced illegal race-based performance goals aka ‘quotas’ such as a specific number of stops, frisks, summonses and arrests using race as a primary factor. According to Rehman, these race-based enforcement actions were performed in areas of the command where African-Americans and other persons of color are likely to travel and congregate such as near the borders of the 110th, 104th and 102nd Precincts. These race-based enforcement actions were never performed in areas of the command where Jewish citizens are likely to travel and congregate.
Several months later, Rehman claims he received Department charges for an OEEO complaint filed against him while assigned to Internal Affairs Bureau Group No.: 21, by a Sergeant (Jewish Female) he was having a disagreement with. The complaint was sustained against him, due to a biased investigation favoring her over him. Shortly thereafter, Rehamn claims he was notified by the New York Department of Citywide Administrative Services (DCAS) he passed the promotional examination and assigned List No.: 173.
According to the lawsuit, Rehman alleges in or around January 2013, Deputy Inspector Conforti in collusion with Assistant Chief Pizzuti and Deputy Inspector O’Brien intentionally rated him 2.5 out of 5.0 and DID NOT recommend him for promotion to Lieutenant on his 2012 Yearly Performance Evaluation because he refused to participate in race-based enforcement actions favoring Jewish citizens. As a result of these actions, Rehman claims he was placed into the NYPD Performance Monitoring Program. He alleges the NYPD Performance Monitoring Program is used to enforce race-based enforcement actions such as a specific number of stops, frisks, summonses and arrests and failure to meet these race-based enforcement actions lead to unfair discipline, failure to promote and other illegal employment actions. Rehman claims, based upon the actions of the City of New York; Assistant Chief Pizzuti; Deputy Inspector O’Brien and Deputy Inspector Conforti he would have to appear in front of the Career Advancement Review Board (CARB) for each and every promotion until he is no longer in the program. The CARB Board assess an employee’s suitability for civil service promotions and other career advancements.
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 1963. Rehman claims the UGESP provides uniform guidance for employers to ensure their testing and selction procedures are in compliance with Title VII of the Civil Rights Act of 1964, theory of disparate impact. Rehman alleges the City of New York as an employer, is not in compliance with the UGESP.
Rehman claims sometime in 2013, Bureau Chief Joanne Jaffe reported her husband’s vehicle was vandalized. He claims Bureau Chief Jaffe falsely reported allegations of misconduct against him for failing to recover of burglar tools related to her husband’s vehicle. Shortly thereafter in December 2013, Rehman claims based upon Bureau Chief Jaffe’s false complaint against him, he received another set of Department Charges for failing to recover evidence of burglar tools.
After being denied promotion to Lieutenant several times, Rehman claims he was transferred from the 112th Precinct to Queens Central Booking. Rehman claims his rated instantly changed from the poor rating of 2.5 out of 5.0 to 4.5.
Rehman claims in or around March 2016, he was notified by the Employee’s Management Division that he would be placed back on ‘Special Monitoring’ for one (1) year.
“This is another one of the NYPD’S ‘dirty little secrets’ the Performance Monitoring System. The Performance Monitoring System and similar systems such as the CARB Board seem to apply only officers’ of color and Caucasian officers’ with no political ‘hooks.’ Mr. Rehman’s lawsuit is not only intended to enforce his civil rights but, also the rights of other affected officers.” Eric Sanders says.
Mr. Rehman filed his federal civil rights lawsuit on June 30, 2016, in the Matter of Zaka Rehman v. City of New York, et al, Docket No.: 16 cv 3644 in the United States District Court for the Eastern District of New York.
The Sanders Firm, P.C. offers those in the New York City area legal services related and connected to civil rights, civil service rights, criminal 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. The Sanders Firm, P.C. is your voice for justice!
Eric Sanders, Esq.
The Sanders Firm, P.C.
Business Phone: 212-808-6515
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