Judges: Signs Race Led To Snub for Promotion

A Motor Vehicle Operator who alleges that he was denied a promotion at the Department of Homeless Services because he is white has won an appeal to have his case go to trial, overturning an initial dismissal by a U.S. District Court Judge in Brooklyn.

Thomas Aulicino, a member of District Council 37 Local 983, is suing the DHS and its Commissioner, Linda Gibbs, over his failure to get a promotion to Motor Vehicle Supervisor in 2002 and the discriminatory environment he faced at work from his allegedly hostile and aggressive bosses, who were African-American.

Says Boss Called Whites 'Lazy'

A Federal judge granted the city's motion for summary judgment and dismissed the case, saying Mr. Aulicino failed to offer evidence supporting his claims. But the U.S. Court of Appeals for the Second Circuit overturned that ruling, saying that "the record reflects genuine issues of material fact with respect to the failureto promote claim."

Mr. Aulicino's claims of racial bias focus mostly on Frank John, his fleet coordinator at the Hinsdale Depot where he worked, who Mr. Aulicino alleges made "harassing" racist comments towards him starting in 2001.

Mr. Aulicino testified that in addition to swearing at him and threatening to withhold his pay for the day, Mr. John commented that "white people are lazy" and asked him why he and a colleague "all take off the same days . . . like there was some sort of white conspiracy."

Another supervisor, Larry Singleton, made similar comments, Mr. Aulicino alleged, especially after the lawsuit was first launched. Mr. Singleton told him "that he was an ex-felon" and then told him to "go back to Bensonhurst and tell everyone that you report to a black man who is making your life miserable."

The crux of the lawsuit brought on his behalf by Arthur Schwartz, however, rests on Mr. John's denial of a promotion to Mr. Aulicino for the position of Motor Vehicle Supervisor. The job, which was posted by DHS in May 2002, required a year of permanent service as a Motor Vehicle Operator or a year of full-time experience in motor vehicle dispatching, as well as noting that certain positions required a Commercial Driver's License.

Interview Cut Short

Mr. Aulicino did not have such a license but believed it was unnecessary because Motor Vehicle Supervisors do very little driving. He had the required dispatching experience, and tried to tell Mr. John about it in the interview, he said. "John stopped [him] and said that he knew all about it and that was the end of the conversation," the lawsuit reads.

In the end, Mr. Aulicino was denied the promotion, which went to a seemingly less-qualified candidate, Joseph Johnson, who is African-American. Mr. Johnson had "some fill-in" dispatching experience and a commercial learner's permit.

Mr. John testified that he had rejected Mr. Aulicino because he "didn't have the appropriate driver's license" and because he didn't think his record on the job wasn't good enough. Mr. Aulicino has been written up for misconduct on the job.

Judges: Signs of Racial Hostility

In their discussion of the case, three Appellate Judges noted that the license Mr. John required "was not necessary" for the job "in light of Aulicino's experience as a Motor Vehicle Operator," and noted that Mr. Johnson had "testified that he had only 'fill-in' experience as a dispatcher" and that "it was never. . . a permanent title."

The judges also noted that "a reasonable jury could infer" from the comments allegedly made by Mr. John "that [his] hostility toward Aulicino was race-based, and that hostility played a role in the denial of the promotion."

As a result of the judges' decision, Mr. Aulicino's claim that he was racially discriminated against regarding the promotion has been remanded for trial, while his claim that he worked in a hostile work environment has been remanded for reconsideration by the district court.

"I think this is a great win: he got his justice and his day in court," said Local 983 President Mark Rosenthal.