Racial Discrimination :: New Jersey Injury Lawyers Blog

New Jersey will soon have to design a new test for screening candidates for municipal and county police sergeant positions according to a settlement reached between the U.S. Justice Department and the State. (1)

In January 2010, the Justice Department filed suit in U.S. District Court in Newark alleging that the civil service test used by the State’s local and county police departments discriminated against African American and Hispanic applicants. The test, according to the Justice Department, did not help to find the best candidates for the position, but rather disqualified an unequal number of blacks and Hispanics. (2)

The current test has been used since 2000. (3) During the period from 2000 and 2008, the Justice Department claimed, 89% of Caucasian candidates passed the test, which was administered by about 120 county and municipal law enforcement departments, compared with 77% of Hispanic and 73% of African American candidates. (2)

Under terms of the settlement, New Jersey would cease using the current test, design a new one and put aside $1 million to be used as back pay for those candidates the Justice Department’s Civil Rights Division deems were negatively affected by the current test. In addition, those candidates would be given preferential consideration for future sergeant position openings. (1)

This settlement is subject to approval by a federal judge. (3)

(1) http://www.nj.com/news/index.ssf/2011/08/nj_must_create_new_sergeant_se.html
(2) http://www.newjerseynewsroom.com/state/new-jersey-police-sergeant-promotion-test-declared-discrimatory-against-blacks-hispanics
(3) http://www.newser.com/article/d9orj6g02/nj-justice-department-reach-settlement-in-case-alleging-discriminatory-police-promotion-tests.html

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Posted In: Racial Discrimination

The second phase of a six-year battle finally came to an end this month when an African-American family was awarded $120,000 in settlement of a racial discrimination lawsuit against the Sea Isle City School Board. Previously, the family was awarded $550,000 in settlement of the portion of the suit involving the Town of Sea Isle City and its Police Department. (1)

The lawsuit was filed in 2004 by Doretha Waters-Rice and her son and granddaughter. According to the suit, Ms. Waters-Rice claimed that her son and granddaughter had been victims of racial slurs by teachers at the city’s schools. The suit also alleged that the granddaughter had been denied a part in a Christmas play because she was African-American. In addition, Ms. Waters-Rice claimed that the Sea Isle City Police filed false charges against her after she complained about the alleged racial harassment. (2)

In an unrelated case earlier this summer, the Justice Department announced that it had reached a consent decree that was expected to settle a case in which Green Brook Township was charged with discriminating against an African-American employee in its Department of Public Works. (3)

The decree, which was subject to approval by the U.S. District Court for the District of New Jersey, calls for $35,000 in compensatory damages to be paid to the employee, Anthony Rivera. According to the suit, Rivera had been the victim of repeated racial discrimination including racial slurs, jokes and other remarks, by his supervisor while on the job. The suit also claimed that when Rivera complained about the harassment, he was retaliated against by the Township. Because Green Brook cooperated with the Civil Rights Division, this case was resolved without litigation. (3)

The New Jersey Law Against Discrimination (LAD) protects people against racial discrimination in employment, public accommodations and housing. The LAD states, in part, that people cannot be denied service or turned down or harassed when using public facilities. It also covers situations where people are harassed verbally or physically while on the job or in school. In New Jersey, the Division of Civil Rights is authorized to investigate racial discrimination complaints. (4)

(1) http://www.nj.com/news/index.ssf/2010/09/nj_family_reaches_100k_settlem.html

(2) http://www.newyorkinjurynews.com/2010/07/25/sea-isle-city-new-jersey-racial-discrimination-partial-settlement-reached_201007254421.html

(3) http://www.justice.gov/opa/pr/2010/June/10-crt-691.html

(4) http://www.judiciary.state.nj.us/factsheets/fact_rac.pdf

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Posted In: Racial Discrimination