Yesterday's BNA E-Commerce Law Daily reports on last month's decision in John Doe Anti-Terrorism Officer v. City of New York, (SDNY Feb. 6, 2008). In the decision, a New York federal district court denied a motion to dismiss hostile work environment claims brought by a Muslim Arab-American law enforcement officer against Bruce Tefft, a counter terrorism advisor hired by the New York City Police Department. Tefft for over three years sent his colleagues in the Intelligence Division and his NYPD supervisors discriminatory anti-Muslim and anti-Arab e-mail briefings. Plaintiff was ordered to receive these briefings as part of his duties with the NYPD's Intelligence Division. Tefft also directly stated to Plaintiff's colleagues that they should not trust any Muslim in law enforcement. Plaintiff's supervisors ignored his complaints about the harassment.
The court rejected Tefft's arguments that his e-mails were a form of political speech protected by the First Amendment, as well as his argument that he was sheltered from liability by provisions of the Communications Decency Act that protect computer service providers that host third-party content. The court also rejected several other defenses to plaintiff's state and federal discrimination claims. (See prior related posting.)
The New York Times reported last week that plaintiff has now added new charges to his complaint, alleging that police have retaliated for his filing suit by removing him from his skilled undercover assignment and transferring him “back to a dead-end position” with the Department of Correction.
