Racial Discrimination Alleged in New York Metropolitan Transportation Authority Police Polygraph Screening

An applicant for employment with the New York State Metropolitan Transportation Authority Police Department has filed a federal Equal Employment Opportunity Commission complaint in connection with a pre-employment polygraph screening “test” administered by that department. Anthony M. DeStefano reports for Newsday. Excerpt:

An NYPD officer from Nassau County trying to get a job with the Metropolitan Transportation Authority police is accusing the agency of racial and disability discrimination in a government filing.

Jonathan Kyle Carter, 29, of Uniondale, alleges in a complaint that a conditional job offer he received from the MTA to join its police force in late 2020 was rescinded after he took a polygraph test.

Carter, a five-year NYPD veteran, claimed in his filing with the Equal Employment Opportunity Commission that the MTA used polygraph tests to “suppress the hiring of African American (Black) police officer candidates. “

“This racially motivated invidious discrimination is done to facilitate a covert policy and procedure by MTA that denies black candidates equal opportunity, among other reasons, in favor of white applicants with family already employed by the MTA, that is nepotism, at the expense of the constitutional rights of black candidates,” Carter alleged in his filing.

His attorney, Peter Crusco of Farmingdale, said the EEOC will investigate the case and either decide to mediate the matter or give Carter the right to sue the MTA for discrimination.

A spokesman for the MTA said in a statement that as a matter of policy the agency doesn’t comment on personnel matters or “matters of pending litigation or that could become litigation.”

EEOC official said under federal law they can’t confirm or deny whether any complaint is filed.

In the filing, Carter said that he completed several parts of the MTA police application process, including an interview on Jan. 13, 2020. He said he was given a conditional offer of employment for a police officer position on Nov. 3, 2020. The employment was conditioned on a medical exam and the polygraph test, he said.

In an interview with Newsday, Carter said that he wanted to switch to the MTA police because it offered a better work schedule and better quality of life. Carter, who works for the city’s Transit Police, has 43 arrests with the NYPD, records show.

Carter said that during the polygraph exam he mentioned to the examiner that he had been diagnosed with “White Coat Syndrome,” a condition in which he gets nervous in any kind of clinical situation.

“My heart and my blood pressure goes up, so usually when I take any kind of medical exam I usually fail the initial one,” said Carter.

The polygraph examiner then became hostile when Carter mentioned White Coat Syndrome, telling him it wasn’t a real medical condition, Carter’s filing said. 

On Dec.11, 2020, after the polygraph test, Carter said he received notification from an MTA employment manager that the agency was rescinding its offer because of the results of the polygraph test. 

Based on the polygraph result, “the MTA had determined that you do not meet the requirements of the MTA police officer position, ” the letter from the agency stated, according to the EEOC complaint.

Polygraph screening provides government agencies perfect cover for unlawful discrimination in hiring. A suppressed study by the federal polygraph school showed innocent blacks failing the polygraph at a significantly higher rate than innocent whites.

Oklahoma Police Applicant Files Polygraph-Related Suit

Martin Mull of the Edmond Sun reports in an article titled “Moore officer says she [sic] being truthful.” Excerpt:

A Moore police officer said she does not understand how she could have failed a polygraph test about no prior drug use during an interview process in Edmond.

That was the reason Etta Maytubby said she was given for not being hired by the Edmond Police Department in 1999. However, as a former college basketball player, Maytubby said she had to submit to random drug tests and never failed one.

Maytubby filed a lawsuit July 16 against Edmond Police Chief Dennis Cochran alleging that the city of Edmond “has a municipal custom and practice of racial discrimination,” according to court documents.

Maytubby, who is black, alleged in the suit that the police chief and other unknown officers who made up an interview committee to hire police officers, denied her employment because of her race and her female gender.

Maytubby said the main issue she recalls that police said prevented her from being hired was failing questioning about drug use on a polygraph test administered to applicants.

“I played four years of college basketball at (the University of Oklahoma) when we were part of the Big 8 (conference). We were required to have random drug testing when I played,” Maytubby told The Sun this morning.

She said she underwent at least two random drug tests during her years at OU, and did not fail any drug testing.

“I grew up playing basketball and went on to play in college. College athletes are treated very well, so I never experienced any type of discrimination playing ball. So when this happened, it was very shocking to me,” Maytubby said.

Maytubby said when she was notified she would not be hired because she failed the drug questioning on the polygraph, she called Cochran and volunteered to do whatever was necessary to show she did not use illegal drugs, including hair follicle testing that she said clearly proves whether a person has used illegal drugs in the past.

“But he said, ‘No, I don’t want to take the chance, just let it go,'” Maytubby said.

Maytubby, 28, spent one year playing professional basketball for the Richmond Rage of the American Basketball Association, before coming back to Oklahoma to pursue a career in law enforcement. She has been a patrol officer with the Moore Police Department for 18 months.

Polygraph “tests,” which are subject to polygrapher manipulation of outcomes and which may be scored subjectively, provide a perfect cover for racial discrimination in hiring.