Officer Files Discrimination Lawsuit Vs Police Department

December 16, 2009

San Jose - A police officer has filed racial discrimination lawsuit against the San Jose Police Department claiming that he was repeatedly passed over for promotion because he is black.

In a court-affidavit, Glenn Harper, 48, accused Chief Police Officer Rob Davis of committing discrimination by promoting lower-ranked and less experienced non-black officers instead of him for the lieutenant position.

Harper, a 24-year police veteran, also claimed that some police officials are harassing him since 2005 after he filed a complaint of racial discrimination before the Department of Fair Employment and Housing.

In his lawsuit, Harper claimed that Davis promoted nine officers who ranked below him from the list of 2006 examination results.

Harper also claimed that some police officials slapped him with several false accusations to justify their decision not to promote him.

In response to the lawsuit, San Jose City Attorney Richard Doyle denied any incident of discrimination and said they have “not found any evidence to prove the allegation.”

Doyle said the police chief has discretion in deciding who is eligible for promotion.

To be promoted, an officer must take a 125-question examination and attend interviews. All candidates will be then ranked according to the test results and seniority.

From a list of candidates with the highest scores, the police chief can choose at least 10 officers to be interviewed by a member of the command staff.