A black New Jersey Transit police detective, Brian Lee, has filed a federal lawsuit against the New Jersey Transit Corporation, the New Jersey Transit Police Department (NJTPD), his former supervisor, and several other parties, alleging years of racial discrimination and harassment by the supervisor and raising questions about protections and enforcement of the New Jersey Law Against Discrimination. The case highlights the additional challenges faced by individuals facing bias-based harassment in the public sector.
According to Officer Lee’s lawsuit filed last June in Essex County Superior Court, he has served with New Jersey Transit police since 2014 after having begun his law enforcement career with the Middlesex County Sheriff’s Department as a Sheriff’s investigator. After progressively rising through different departments based on his demonstrated competencies, he was promoted to the rank of Detective within the criminal investigations department of the NJTPD Detective Bureau.
During his employment, Officer Lee received several awards and was the subject of numerous letters of commendation from both internal and external sources for his work. His lawsuit states that he had never been suspended or received any form of major discipline throughout his career with NJTPD until September 2024, when his white supervisor, Lieutenant John Sullivan, filed an internal affairs complaint against him after having “waged a years-long campaign” of bias-based harassment and retaliation against him beginning in 2020.
According to the lawsuit, Sullivan’s discriminatory behavior took many forms. Lee claims he was subjected to repeated humiliation that damaged his professional reputation, constant threats of demotion from his detective position, and an “openly hostile” work environment. He asserts that the harassment included micromanagement of his work, exclusion from important meetings, denial of necessary resources, and “demeaning” displays of hostility in front of colleagues, and that the discrimination grew worse after he filed an Equal Employment Opportunity complaint with New Jersey Transit.
Lee’s claim states that after that complaint was filed, Sullivan retaliated against him by lodging numerous internal affairs complaints and subjecting him to what the lawsuit describes as “unhinged, profanity-laced rants” during phone calls.
According to Lee’s claim, he was not the first to be subjected to discriminatory behavior from Sullivan. His filing indicates that at least three other Black detectives had previously filed Equal Employment Opportunity complaints against the lieutenant, and that he had also been the subject of a sexual harassment complaint. In Lee’s complaint against NJTPD, he notes that despite this documented pattern of discriminatory behavior, Sullivan was allowed to continue in his supervisory role until his retirement on May 1, 2025, “without consequences.”
The lawsuit details dozens of incidents that demonstrate the constant barrage of harassment that Lee was subjected to by Sullivan.
• In February 2021, the lieutenant threatened to demote Lee back to patrol duty after he had followed routine protocol by sharing investigation information with another unit.
• In 2022, when Lee required medical leave following COVID-19 vaccination, Sullivan attempted to limit his duties despite medical clearance for nearly all responsibilities.
• He mocked him for having worn a suit to a professional conference, constantly intimated to his fellow detectives and others within the agency that he was lazy, and insisted on controlling and checking in on his work, even while he was off duty and while the detective was on sick leave.
• He denied him access to investigative resources, including departmental computer systems that were available to white detectives.
• He sent him to work alone on assignments considered dangerous, for which white detectives were only sent with others.
Citing the New Jersey Law Against Discrimination (NJLAD), Detective Lee accuses the defendants of discrimination based on race and disability, as well as of retaliation. It specifically notes the failures of NJTPD to respond appropriately and in a timely way to his internal complaints and of failure to apply their EEO policies. Under NJLAD, employers have an affirmative duty to maintain workplaces free from discriminatory harassment and must take prompt, effective action to address complaints. The statute also holds employers like NJTPD responsible for harassment from supervisors, even if they claim ignorance of the discriminatory behavior. In this case, the department was aware of the issues involving Lieutenant Sullivan, but chose not to act for years, allowing the supervisor to embark on a campaign of retaliation that only ended seven months after Lee had filed a complaint, when Sullivan was removed from the Detective Bureau and reassigned back to the Patrol Division. Sullivan retired three months later.
Detective Lee’s attorney noted his client’s dedication to public service, stating, “He is dedicated, he’s honest, he wants to serve the public. He is the kind of police officer that we need. But instead of being valued for that, he shows up to work and is subject to bias-based harassment by a superior officer, and it’s all based on the color of his skin.”
The New Jersey Law Against Discrimination is recognized as one of the strongest anti-discrimination laws in the nation, covering more protected classes and providing more extensive remedies for victims than almost any other state. It also places stronger responsibilities on employers to prevent and address discriminatory conduct and retaliation. If you believe you have been a victim of harassment, discrimination, retaliation, or another adverse workplace act, we can help. Contact us today to set up a time for us to meet and discuss your situation.