Trial to Begin in Park Police Officer’s Fight Against

June 23, 2009 -

For Immediate Release:
Contact: Alta Levat, alevat@legalmomentum.org, 212.413.7510

 

Trial Marks Second Time That Suffolk County Is Using Taxpayer Dollars to Defend Policy That Penalizes Pregnant Women and their Families

 

New York–Suffolk County tomorrow begins a trial in federal court to defend a policy that penalizes women law enforcement officers when they become pregnant. Legal Momentum, the nation’s oldest legal advocacy organization dedicated to advancing the rights of women and girls, has teamed with Janice Goodman, a veteran advocate for working women, to stand up for the rights of Suffolk County Park Police Officer Tara Germain, who was forced to take a nearly year-long unpaid leave of absence during her pregnancy when the county refused to give her a light duty job assignment, as recommended by her doctor.

 

Jury selection began the morning of June 23rd at the U.S. District Court for the Eastern District of New York, with opening arguments scheduled for the morning of June 24th. Testimony in the trial is expected to continue throughout this week and next at the federal court for the Eastern District in Central Islip. Proceedings are scheduled to begin at 10 AM on Wednesday and Thursday.

 

As a result of the county’s refusal to modify her duties, Officer Germain was forced to use up all her accrued leave time, and then to take an unpaid leave of absence for almost nine months, during which time she did not have benefits, did not accrue seniority, and did not enhance her pension. 

 

In a recent ruling, U.S. District Court Judge Arthur Spatt found that Suffolk County’s policy harms women more than men, a critical element in proving a discrimination claim like Germain’s. At trial, Suffolk County will have to show that limiting light duty jobs to officers hurt on the job, but not pregnant women, is necessary for the Department to function effectively.

 

Background:

 

Suffolk County’s refusal to provide light duty to a pregnant law enforcement officer has been challenged and ruled discriminatory in court in 2006.  A jury in Lochren v. County of Suffolk found that the county violated the federal law against pregnancy discrimination when it refused to give light duty to pregnant officers in the Police Department, despite giving such assignments to workers injured on the job.  Ignoring this finding, Suffolk County continues to use the same policy to deny light duty to Officer Germain, claiming that the Lochren ruling only applies to the Police Department. 

 

Legal Momentum joined as co-counsel on behalf of Officer Germain as part of its ongoing efforts to illustrate the full range of discrimination experienced by working women, especially those employed in historically male-dominated, “non-traditional” jobs. Because of the physical nature of many of these jobs, pregnancy discrimination is a particular concern for women in these fields.

 

About Legal Momentum

Founded in 1970, Legal Momentum is the nation's oldest legal  defense and education fund dedicated to advancing the rights of women and girls.

www.legalmomentum.org

 

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