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Verdict in Park Police Officer’s Case Marks an End to Pregnancy Discrimination in Suffolk County’s Park Police Department

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

New York –  Legal Momentum hails Monday’s federal jury verdict that will end Suffolk County’s discriminatory policy of denying light duty to pregnant officers in the Park Police Department. Legal Momentum, the nation’s oldest legal advocacy organization dedicated to advancing the rights of women and girls, teamed with attorney 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 because it reserves light duty for officers injured on the job.

Irasema Garza, President of Legal Momentum praised the outcome, stating, “No woman should be forced to choose between having a family and having a job.  Women firefighters, police officers and other law enforcement personnel -- who dedicate their careers to making communities safe -- are no exception.” Policies denying light duty accommodation during pregnancy pose severe hardship for women in physically strenuous or hazardous jobs, resulting in months without pay and other losses. Legal Momentum frequently advocates and litigates on this issue, which affects as many as 25% of working women in fields as diverse as law enforcement, firefighting, nursing, and retail work.

In a verdict delivered on July 6, in the U.S. District Court for the Eastern District of New York, the jury found that Suffolk County Park Police Department’s light duty policy had a discriminatory disparate impact on women officers, in violation of the Pregnancy Discrimination Act. The County failed to convince the jury that its policy was necessary for the Park Police Department to function effectively.  Likewise, the jury found that the County illegally retaliated against Officer Germain when it refused a request by her husband – a sergeant in the Police Department – to transfer some of his accrued vacation and sick time for his wife’s benefit during her forced leave of absence.    

The verdict marks the second time in three years that Suffolk County has been taken to task for refusing to accommodate pregnant officers.  In 2006, a jury in Lochren v. County of Suffolk ruled in favor of six women officers in the Suffolk County Police Department who challenged a light duty policy identical to the one at issue in Officer Germain’s case. 

As a result of the county’s refusal to grant her light duty, Officer Germain was forced to use 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.  The Court soon will rule on the amount of backpay and other compensation Officer Germain will receive as a result of the jury’s verdict.

Germain co-counsel Janice Goodman said, “Forcing women officers to take their claims to court and then retaliating against them in an effort to defend an illegal policy on the taxpayers dollar—not once but twice, is inexcusable.”

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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