Female Officers Who Were Sexually and Physically Assaulted Sue Over Discrimination
NEW YORK - The American
Civil Liberties Union filed a lawsuit today against the New York City Department
of Correction (DOC) on behalf of two female officers who have faced departmental
discrimination and retaliation for following procedures and reporting sexual and
physical assaults by male officers.
"I did what I was supposed to," said
Danielle Simmonds, one of the plaintiffs in today's case. "When I was assaulted,
I reported it immediately to my supervisors, but they have never shown any
concern or taken steps to investigate what happened to me. There are supposed to
be procedures that protect officers who have been assaulted, but they have
proven hollow, and I've been punished for speaking out."
Danielle Simmonds is
a 27-year-old mother of three who lives in the Bronx. She has been employed as a
correction officer since 2001. In October 2005, Simmonds was sexually assaulted
by a male co-worker while she was on duty in the middle of the night. She
immediately reported her co-worker's violent acts to her supervisor in the DOC,
believing that the incident would be investigated and the perpetrator
disciplined. Simmonds also hoped that the DOC would abide by New York City law,
to make reasonable accommodations for victims of sexual assault.
Sonya
Henderson is a Brooklyn woman who has worked as a correction officer since 1990.
In March 2005, she was violently assaulted in her home by her then-boyfriend and
co-worker. He beat her severely, causing extensive damage to one eye, her back
and one ankle. The assailant was arrested for domestic violence and pled guilty
to the attack. The DOC was immediately notified about the arrest and that the
court issued Henderson an order of protection. However, contrary to official
procedures, the DOC did not take disciplinary action against Henderson's
assailant despite repeated violations of the order of protection. Henderson has
requested that the DOC take such action, or at the very least, that they notify
her of the assailant's schedule and his access to firearms.
The DOC failed
to take any substantial action to address either of these situations or to
provide Simmonds or Henderson with the protection they legally deserve. In
violation of DOC regulations, they have been discriminated against and have
suffered retaliation as a result of their complaints. Both women have been
treated with hostility and suspicion by supervisors and have been subject to
multiple disciplinary actions. To date, the officer charged with investigating
Simmonds' complaint has not contacted her, nor returned her numerous calls. She
has been penalized with the loss of time off, her rights to exchange shifts with
other officers and her right to work overtime for a higher wage; benefits she
relied on as a single mother. Henderson has still not been notified as to the
schedule of her assailant or whether he has access to firearms.
According to
the ACLU complaint, DOC officials "harassed, berated, and mistreated Plaintiffs
based on their sex and based on their status as victims of sexual assault and
domestic violence. In addition, the DOC has retaliated against Plaintiffs
because they asserted their rights under federal, state and local civil rights
law and DOC policy. In treating Plaintiffs in this manner, Defendants violated
federal, state and city law."
Simmonds and Henderson have filed the lawsuit
in hopes of resuming their previous employment status and to stop their rights
from being violated. They also seek damages, the amount of which will be
determined at trial.
"These women have had the strength to stand up to their
attackers, to confront them and report their abusive conduct up the chain of
command," said Caroline Bettinger-Lopez of the ACLU Women's Rights Project.
"Their courage has been rewarded with harassment, discrimination and retaliation
by the Department of Correction. This institutional pattern of abuse must be
stopped."
Simmonds and Henderson are represented by Bettinger-Lopez, Emily
Martin and Lenora Lapidus of the ACLU Women's Rights Project, and John D. Lovi,
Michael Rips, Lara Romansic and Marcia Yablon of Steptoe & Johnson
LLP.
The compliant filed today is available online at: www.aclu.org/womensrights/violence/26145lgl20060713.html