THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, February 11, 1995 TAG: 9502110104
SECTION: LOCAL PAGE: B5 EDITION: FINAL
SOURCE: BY JOE JACKSON, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 89 lines
A federal judge has awarded $15,900 and a new job to a black police officer who alleged that the police department stalled his career in retaliation for his complaints of racial discrimination to the federal government.
Officer Willie O. McClam accused the police department of denying his transfer to the detective division because of several complaints of racial discrimination he made to the Equal Employment Opportunity Commission. McClam, a 23-year veteran, sued the city for $200,000, plus additional damages.
Last week, U.S. District Judge Raymond A. Jackson ruled that the police department repeatedly denied McClam's request to become a detective even though superiors deemed him qualified for the job. Jackson ordered the department to make McClam a detective and awarded him $15,900 in compensatory and punitive damages.
``The police department did not follow its internal procedures,'' Jackson wrote in his Feb. 3 opinion. ``In handling McClam's application for transfer, Capt. (Wayne) Burton, commanding officer of the detective division, testified that he intentionally did not comply with the transfer policy, although he knew he was not exempt.''
In his opinion, Jackson criticized Burton, Chief Melvin High and former Chief Henry Henson for their conflicting and ``incredulous'' testimony about McClam's EEOC complaints. His opinion questioned whether police officials regularly follow their written practices and policies.
``This only goes to show that employers who retaliate against employees for making EEOC complaints will have to stand up and face the music,'' said McClam, who received word of Jackson's ruling Thursday.
``The police department does not follow its own written policies,'' McClam added. ``I was persecuted for being an advocate of civil rights within the police department. It's time for other minority officers to stand up and say, `No, this has got to end.' ''
Neither High nor City Attorney Philip Trapani could be reached for comment. Police officials said that they were told the city will probably appeal, but that could not be confirmed. The timing of McClam's transfer to the detective division could be affected by an appeal.
McClam's victory was just the latest twist in a complex case that has lasted several years and earned the attention of agencies monitoring civil rights.
In July 1990, McClam was accused of misdemeanor sexual battery after allegedly fondling a female officer. He was suspended without pay. Six police administrative charges were filed against him.
Three months later, McClam was found not guilty in General District Court of the battery charge. But he was not immediately reinstated with back pay.
In March 1991, Paul Riddick - then-president of the Norfolk branch of the National Association for the Advancement of Colored People - said McClam was the victim of a policy of ``discrimination and double standards'' against black officers in the police department.
In August 1991, a city grievance panel found that an ``incident'' of some sort had occurred. The panel ruled McClam should be reinstated but not paid for the 13 months he was suspended. He was reinstated on Sept. 1, 1991. Two months later, he filed his complaint with the EEOC.
In December 1991, the EEOC completed a report after investigating McClam's charges. The agency concluded that blacks ``as a class are given harsher and more charges than their white co-workers. . . . Evidence reveals blacks normally receive two to three additional charges for similar violations. . . . Blacks are indefinitely suspended on a greater scale than whites.''
The EEOC concluded the Police Department had committed ``unlawful employment practices'' against McClam. However, the report was never made public, and the EEOC never made an official ruling.
The NAACP and EEOC stressed that when criminal charges against white officers were dismissed in court, those officers were quickly returned to their old duties with full back pay.
But even after McClam was found not guilty, police officials continued to retaliate, Jackson ruled. McClam was passed over twice in 1993 for transfer to the detective division, even though he was deemed eligible by High and other supervisors.
Police officials testified last year that McClam was not transferred because he performed poorly as a burglary detective from 1979 to 1983. They said a transfer would send ``the wrong message'' to female investigators.
But evidence suggested that a double standard existed in hiring and promotion, Jackson wrote. Two white officers who were disciplined for poor performance were eventually made detectives, evidence showed. Jackson agreed.
``What is clear . . . is that other officers similarly situated were transferred to the detective division,'' Jackson wrote. ILLUSTRATION: Photo
Police Officer Willie O. McClam gets a new job and cash award
KEYWORDS: NORFOLK POLICE DEPARTMENT SUIT RACIAL DISCRIMINATION by CNB