Union Representing NYC Probation Officers Charges Discrimination

Alleging a pattern of longstanding pay discrimination, the New York City union representing 700 probation professionals has gone to New York State Supreme Court to demand that City Hall turn over records detailing salary information on City employees hired in certain titles since January 2009.

The Department of Citywide Administrative Services (DCAS), which is responsible for maintaining this data, has stonewalled and denied repeated Freedom of Information Law (FOIL) requests since earlier this year, prompting the United Probation Officers Association (UPOA) to seek legal redress. The Article 78 petition was filed on Friday.

The UPOA represents approximately 700 women and men holding probation officer titles— Probation Officer Trainees, Probation Officers and Supervising Probation Officers—throughout the City, and union officials note that its membership is largely non-white and female and paid significantly less than those in comparable posts in other City agencies and far less than Probation Officers in nearby counties, such as Westchester, Rockland, Nassau, and Suffolk, who are predominately non-white yet have the same educational requirements and experiences and who follow the same State mandates.

“These women and men are true public servants who build a safer New York, who give people opportunities to turn around their lives and stay out of the justice system,” said Dalvanie Powell, President of UPOA. “But sadly, the City of New York is clearly showing that it is not committed to supporting our ranks and is ignoring the transparency one would expect from our government leaders. We have followed the proper channels to shine a light on a longstanding pay disparity that treats our members like second-class public servants, and unfortunately the City’s actions once again illustrate its cold-hearted approach to those seeking accountability.”

The court filing notes that the Department of Probation is the City’s most diverse branch of law enforcement and has more women and people of color than any other law enforcement workforce in the City, yet “the pay for these members is significantly lower than other similarly situated employees of the City of New York in majority white and male titles.”

The action aims to confirm the disparities and further substantiate claims of discrimination based on race, sex and/or gender. The City has denied the requests, citing privacy concerns, although the legal action points out one denial was not submitted within the legally mandated time frame.

“This information is critical not only for these hard-working union members who deserve to be treated equally, but for the City, which is legally required to properly maintain this information to avoid the pitfall of discrimination which results in women and people of color of being undervalued and underpaid” said Yetta Kurland, from The Kurland Group, Attorneys for UPOA. “The City’s reasons for denying this data are unsupported by law and fly in the face of the City’s claims of being an equal opportunity employer. It’s clear that the City is once again going out of its way to avoid production of this data and is shirking the law. So we must ask: what is the City hiding, and why?”

Added Kurland, “Members of UPOA are thankful to have union leadership willing to take on these difficult issues to ensure fair pay and a level playing field for all. Pay inequity hurts everyone, including City Hall, and we will work hard to address and resolve these inequities to the mutual benefit of all.”