Suffolk County Police Department Discriminates Against Pregnant Officers, NYCLU and ACLU Tell Court (6/5/2006)
FOR IMMEDIATE RELEASE
CONTACT: media@aclu.org
NEW YORK — The New York Civil Liberties Union and the American
Civil Liberties Union today began a jury trial in federal court arguing that
the Suffolk County Police Department discriminates against women officers by
denying them access to limited duty positions, like working the precinct desk,
during their pregnancies. "The Suffolk County Police Department denies desk duty positions to pregnant
police officers just because they are pregnant, while it offers those same
positions to chosen male police officers," said Cassandra Stubbs, an attorney
with the NYCLU Reproductive Rights Project. "Without access to limited duty
positions, the six women who are the plaintiffs in this lawsuit were forced
home early in their pregnancies, relying on banked sick and vacation days or
going unpaid. The Suffolk County Police Department forces pregnant officers
to choose between their careers and their families -- a choice that's both
illegal and unfair." The Suffolk County Police Department changed its limited duty policy in April
2000. The new policy disqualifies pregnant officers from precinct desk and
other non-patrol jobs that would have enabled them to continue working for
much of their pregnancies. At the same time as it denies limited duty to pregnant
officers, the department fails to provide pregnant officers with fitting bulletproof
vests or gun belts that are necessary to continue performing patrol duties
while pregnant.
"Our clients in this case face the same hurdles that women in traditionally
male fields confront across the country," said Namita Luthra, an attorney with
the ACLU Women's Rights Project. "To advance in these fields women need access
to limited duty for temporary periods of time during their pregnancies."
In 1986, Suffolk County settled a federal lawsuit charging its Police Department
with sex and race discrimination in its hiring and promotion practices. As
part of the settlement, the department agreed not to use any qualification
or selection criteria that would have a negative impact on officers due to
their race, ethnicity or gender. Forcing pregnant officers to stop working
violates that agreement, the civil liberties group s said.
"My whole life I wanted to be a police officer, and when I joined the force
I took that responsibility very seriously," said Police Officer Sandra Lochren. "When
I was forced to stay off my job because the precinct wouldn't give me limited
duty when I was pregnant, I felt betrayed by the agency it had been my dream
to join."
The case is being tried in the United States District Court for the Eastern
District of New York before Magistrate Judge Arlene Lindsay. Stubbs and Elisabeth
Benjamin of the NYCLU Reproductive Rights Project, Luthra and Lenora Lapidus
of the ACLU Women's Rights Project, and cooperating attorneys Linda Neilan
and Carmelyn Malalis of Outten & Golden LLP comprise the legal team on
the case.
NYCLU and ACLU attorneys and staff will be posting blog entries and updates
about the case during the course of the trial at http://blog.aclu.org
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