A police officer has filed a federal lawsuit against her employer, alleging systemic gender discrimination and retaliation. Andrea M. Kess filed the complaint on September 5, 2024, in the United States District Court for the Eastern District of New York against the Town of East Hampton and several of its officials.
The lawsuit claims that since joining the department on April 3, 2016, Kess has faced ongoing gender-based discriminatory practices within the East Hampton Police Department. These practices allegedly include sexually inappropriate behavior, denial of training and promotional opportunities, punitive assignments, excessive supervision, and other forms of retaliatory treatment. Kess asserts that these actions have created a hostile work environment and have significantly hindered her career advancement.
Kess's complaint details numerous instances where she was passed over for promotions in favor of less qualified male officers. For example, in May or June 2018, she was recommended for a detective assignment by then-Sergeant Barry Johnson but was ultimately not interviewed for the position. Instead, a male officer with less measurable performance metrics was appointed based on "seniority." Similarly, despite leading the department in arrests and citations from 2019 to 2021 and placing first on the Promotion to Sergeant examination list, Kess alleges she was intentionally not promoted due to her gender.
The complaint also highlights specific incidents illustrating the hostile work environment Kess endured. She recounts being subjected to sexually offensive comments by supervisors like Lieutenant Daniel Toia and other male colleagues who referred to female officers derogatorily. Additionally, Kess describes how her significant contributions to major investigations were minimized or dismissed by her superiors. For instance, her self-initiated investigation into a sex trafficking operation led to successful prosecutions but was belittled by Captain Christopher Anderson as "your little prostitution case."
Kess further alleges that when she attempted to file formal complaints about sexual harassment and discriminatory practices within the department, her concerns were either ignored or inadequately addressed by those responsible for enforcing anti-harassment policies. This lack of action perpetuated an entrenched male-centric culture within the department.
In seeking judgment from the court, Kess is asking for relief under Title VII of the Civil Rights Act of 1964 and other related laws. She seeks compensatory damages for emotional distress and financial hardship caused by the alleged discrimination and retaliation. Additionally, she requests injunctive relief requiring the Town of East Hampton to implement effective measures to prevent future discrimination and harassment within its police department.
Representing Andrea M. Kess is The Sanders Firm, P.C. Case ID: 2:24-cv-06226.