NEW YORK (Legal Newsline) – A New York City detective alleging he was given dangerous assignments because he is gay will get to pursue litigation against the city.
The Supreme Court Appellate Division, First Department on Jan. 5 revived the lawsuit of a man known in court papers as John Doe against the NYPD, finding he has adequately pled he was forced to quit because of the treatment he received.
Previously dismissed claims of constructive discharge, employment discrimination and retaliation will now move forward.
“These dangerous assignments were… serious enough also to support plaintiff’s causes of action for constructive discharge,” the court wrote.
Doe became a detective, third grade in 2008, two years after graduating from police academy. It became widely known that he was gay, as homophobic colleagues called wherever he was stationed to ask he be harassed, the court wrote.
While at the Internal Affairs Bureau’s Command Center, two sergeants and other officers harassed Doe.
Beyond verbal harassment, Doe was required to enter holding cells, with prisoners, while carrying metal and wooden cleaning implements that could have been taken from him and used as weapons. He was also forced to work foot patrol alone during the midnight shift in dangerous areas at the 77th Precinct, even though other officers worked with partners.
“These midnight solo patrols were dangerous and actionable as adverse employment actions effected under circumstances supporting an inference of discrimination,” the ruling says.