State: Transit Bias Claim Has Merit;

Promotion Denied
State: Transit Bias Claim Has Merit


The state Division of Human Rights Jan. 22 ruled that there was probable cause in support of a New York City Transit supervisor who claimed he was discriminated against when he was not promoted to Superintendent.

The Chief-Leader/Michael O'Kane A STEP FORWARD: New York City Transit Train Service Supervisor Isaac Thompson claimed that Chief of Transportation Kevin O'Connell halted his promotion to Superintendent because he had previously accused him of racial discrimination. The state Division of Human Rights found probable cause in Mr. Thompson's case.

Isaac Thompson, a Train Service Supervisor based at the New Lots Ave. station in Brooklyn on the 3 line, had interviewed for a Superintendent position in the agency's Rapid Transit Operations Division after it was posted in January 2005. He was recommended to be promoted but ultimately denied the upgrade by Chief of Transportation Kevin O'Connell.

Mr. Thompson, an African-American who has been an NYC Transit supervisor since 1995, had filed an internal equal employment opportunity complaint against Mr. O'Connell in 1998 alleging that he had been denied reassignment to a more favorable location because of his race. Mr. Thompson alleged that the decision not to make him a Superintendent was retaliation for that grievance.

Mr. O'Connell claimed that paperwork containing Mr. Thompson's recommendation was not signed by an Assistant Chief and could not be processed.

The DHR rejected this defense, and Regional Director William P. Marks wrote in his decision last month that Mr. Thompson "was amongst ten individuals deemed qualified for the position by the panel. However, [Mr. Thompson] was the only one that was not promoted to Superintendent."

Doesn't Buy Excuse

Mr. Marks continued that "[Mr. O'Connell] asserts that [Assistant Chief Lambert] failed to submit a signed recommendation form for [Mr. Thompson]. The evidence in the record shows that Assistant Chief Lambert failed to submit signed recommendation forms for other candidates, but they were promoted."

An NYC Transit spokesman declined to comment, saying that the agency does not speak about pending legal proceedings.

In a phone interview, Mr. Thompson welcomed the ruling, which means his complaint will get a full hearing by the Human Rights Division.

"It's a start of David taking on Goliath, and hopefully the little people will win," he said. "You're talking about a gigantic company that does whatever they want to do."