New Jersey Public Safety Officers Law Blog : New Jersey Public Safety Employee Lawyer & Attorney : Pellettieri, Rabstein & Altman Law Firm : Workers Compensation, Discipline Representation for Police & Firefighters : New Jersey

 On February 9, 2009, the United States District Court for the District of New Jersey decided the case of Martin v. City of East Orange. In the case, plaintiffs, two police officers, alleged that in failing to promote them in 2003, when officers ranked below them were recommended for promotion, although not promoted, the defendants discriminated against them in favor of officers more politically favored in violation of 42 U.S.C. §1983, the federal and state constitutions, and the New Jersey Law Against Discrimination. 

The Court dismissed all of plaintiffs’ federal claims. The Court held the officers had no constitutional right to promotion and they failed to produce any evidence of political favoritism or retaliation for having complained about being improperly bypassed for promotion. Further, the Court declined to assert subject-matter jurisdiction over the state law claim, thereby not addressing those issues. 

This case illustrates the importance of producing credible, substantive evidence in support of a claim alleging that one was improperly bypassed for promotion. It is vital that any public safety officer who seeks to assert such a claim should consult with a qualified attorney who is able to produce such competent evidence or determine whether such evidence exists so as to avoid the pitfalls present in this matter. Without the necessary proofs, such a claim will likely fail, as articulated by the Court in this case.

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On October 2, 2008, the United States District Court for the District of New Jersey decided the case of Figueroa v. City of Camden. In the case, plaintiffs, Camden firefighters who were on the eligible list for promotion to captain, alleged employment discrimination on the basis of race on account of defendants’ refusal to promote using the existing list and the announcement of a new test and new requirements. 

The Court dismissed plaintiffs’ claims under Title VII of the Civil Rights Act of 1964 against all defendants because plaintiffs failed a file a complaint with the EEOC. Moreover, plaintiffs’ claim under 42 U.S.C. §1983 were dismissed because nothing in the pleadings indicated the unions were acting under color of state law, despite plaintiffs’ contention that the unions conspired with the other defendants to deprive them of their rights. Finally, the §1983 claims against the New Jersey Department of Personnel, its director of selection services, and the Camden chief operating officer were also dismissed because plaintiffs failed to identify any specific acts on their part that violated plaintiffs’ federally protected rights. 

This case illustrates the importance of following the procedural requirements in filing an employment discrimination lawsuit as well as recognizing the elements required to sustain a successful cause of action. Employment discrimination lawsuits against governmental entities contain a myriad of procedural and substantive hurdles. As a result, public safety officers who intend on bringing such a cause of action should seek out competent, experienced legal representation in order to ensure their rights are protected. Without obtaining such representation, it is likely the claims will fail, either procedurally or substantively.      

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