Rutgers wins racial discrimination case

NEW BRUNSWICK - Rutgers University did not violate a Black man's civil rights when passing him over for seven positions and promotions he sought, a state appellate court ruled.

Dr. Lance Brown, a psychologist with two master's degrees and a doctorate degree in counseling psychology, filed a complaint through the New Jersey Division on Civil Rights claiming Rutgers discriminated against him based on his race.

Brown was hired in 2009 as a forensic mental health clinician by the University of Medicine and Dentistry of New Jersey, which operated the University of Behavioral Health Care (UBHC).

Brown was assigned to the Bayside State Prison as a part of UBHC's University Correctional Health Care unit. He was responsible for providing mental health, physical health and sex offender specific treatment services for residents, inmates and parolees of the New Jersey Department of Corrections, Juvenile Justice Commission and the State Parole Board.

In 2011, Brown was promoted to mental health clinician supervisor of the correctional health care unit, according to court documents.

In 2013, Rutgers took over operations at UBHC, and a few years later Brown took an approved medical leave of absence from April 26 to Nov. 23, 2015.

When he returned to work, Brown requested and received a disability accommodation, which included a temporary transfer to a position in a prison located closer to his home. He told Dr. Jeffrey Dickert, the correctional health care unit's chief operating officer, that he was interested in pursuing noncorrections positions with UBHC. 

Because he was only responsible for UCHC positions, Dickert informed Brown he would share Brown's resume with Dr. Rose Marie Rosati, Dickert's counterpart at UBHC. Dr. Dickert also suggested that Brown apply for any open correctional health care unit positions via the online application system. 

Vacant positions are typically posted on Rutgers's website for a minimum of five business days, according to court documents, and applications must be made online.

The reviewing staff at Rutgers is not provided with information about an applicant's demographics, including race. After review, a list of qualified candidates is forwarded to the Office of Employment Equity, which "ensures equal opportunity and affirmative action in employment."

Brown, however, did include his affiliation with the National Association of Black Psychologists on his resume.

Between November 2015 and Jan. 12, 2016, Brown unsuccessfully applied for seven positions within Rutgers, including:

• Program manager, UBHC supportive housing
• Program director, Robert Wood Johnson Medical School – Office of Student and Multicultural Affairs
• Program coordinator, UBHC Club in Cherry Hill
• Clinical supervisor, UBHC – brief treatment
• Clinical care coordinator, New Jersey Medical School, Department of Pediatrics
• Assistant dean II supervisor transfer services – School of Engineering – academic affairs
• Clinician supervisor, UBHC – Integrated Case Management Services

On March 3, 2016, Brown filed a complaint with the New Jersey Division on Civil Rights alleging Rutgers discriminated against him by denying "several" promotions and transfers based on his race. The division investigated Brown's allegations.

As part of that investigation, the division found that of the seven positions Brown applied for, two were awarded to African American applicants, according to court documents. One position was never filled. And for two positions, interviews already had been conducted or a candidate already had been selected when he applied.

For the remaining positions, Rutgers provided reasons unrelated to race for its personnel decision.

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In some cases, the position was a direct promotion from a position that the successful candidate had performed for a significant amount of time, giving that applicant experience that would be particularly relevant to the position, according to court documents. In one case, the selected candidate had been performing the position in an acting capacity.

Brown argued that his doctorate and master's degrees meant that he was a superior candidate over those who held only master's degrees.

And although his education is impressive, the division found that Brown's arguments were not sufficient enough to support his claims that Rutgers discriminated against him.

Brown appealed that decision to an appellate court, but for the same reasons the division offered, the appellate court on Friday denied Brown's claims and upheld the division's decision.

Email: ngmuscavage@gannettnj.com

Nick Muscavage is a watchdog reporter for the Courier News, Home News Tribune and MyCentralJersey.com. To get unlimited access to his investigative work that has exposed wrongdoing and changed state law, please subscribe or activate your digital account today.