Harassed At NYPD
Analyst Can Sue On Contractor's Racism

By REUVEN BLAU

An Egyptian-born analyst for the NYPD who charged that he was subjected to hundreds of nasty anti-Muslim and anti-Arab e-mail messages sent by a city contractor can sue the city, a Federal judge has ruled.

BRUCE TEFFT: E-mails basis for suit.

Bruce Tefft, a former CIA official who e-mailed briefing messages several times a day to members of the NYPD's Counter-Terrorism Division, argued that the case should be tossed because his posts were protected speech under the First Amendment.

Personal Concern

Judge Barbara S. Jones of Federal District Court in Manhattan denied the motion to dismiss.

Mr. Tefft, who worked for Orion, a private company with a large database, also contended that the hostile work environment claims against him should be barred based on prior case law specifying that such complaints can only be made against a direct employer.

"This argument also fails, as plaintiff need only allege that the defendant was personally involved in the discrimination," Judge Jones ruled.

The analyst filed the case as "John Doe Anti-Terrorism Officer" because he still works as an undercover officer at the NYPD's Cyber Unit.

Started at DOC

He began his career with the city in the Correction Department, where he rose to the rank of Captain. Since 1998, he has been assigned to the NYPD's Intelligence Division, under the auspices of the Federal High Intensity Drug Trafficking Division, where he has worked to identify terrorist threats to New York City.

His suit alleged that Mr. Tefft sent him and his colleagues in the Intelligence Division, including Deputy Commissioner David Cohen, discriminatory e-mail briefings from the summer of 2002 until December 2005.

The NYPD's contract with Orion ended in 2003, but Mr. Tefft continued to send the e-mails.

According to the lawsuit, the messages included commentary from Mr. Tefft that had virulent anti-Muslim and anti-Arab notes such as, "burning the hate-filled Koran should be viewed as a public service at least," and "a good Muslim ... can't be a good American."

In another e-mail, he asked, "Has the U.S. threatened to vaporize Mecca?" and answered, "Excellent idea, if true."

Ignored Complaints?

The suit also alleged that Mr. Tefft told the analyst's colleagues that they should not trust him or any other Muslim officer because "Muslims have no place in law enforcement."

In the summer of 2003, the analyst said he complained directly to Mr. Tefft and reported the harassment to his own supervisor, who did nothing in response. According to the suit, he then complained to three other bosses. Afterwards, one high-ranking Lieutenant allegedly stated, "All Arabs are animals," while other officers made comments stating that Muslims should be driving hot dog carts, the suit alleged.

On Feb. 16, 2006, the analyst filed an employment discrimination charge with the Equal Employment Opportunity Commission, alleging race, religion, and national origin discrimination and retaliation against the city. Eight months later, the EEOC issued a Notice of Right to Sue.

Paul J. Browne the NYPD's chief spokesman, said that the department stopped the e-mails after the complaint surfaced. He added that Commissioner Cohen did not know of the "offensive commentary" until the complaint was filed.

Mr. Tefft unsuccessfully argued that the case should be dismissed because the court lacks personal jurisdiction over him, his First Amendment rights bars the employment discrimination claims brought against him, and a part of the Communications Decency Act provides immunity for interactive computer service providers.