A veteran Latino NYPD officer has filed a federal complaint accusing the department of discrimination, claiming its marijuana testing policy unfairly targets people with dark hair.
Frankie Palaguachi, who has almost 20 years of service and no disciplinary record, said he was demoted from detective to police officer after his hair sample tested positive for marijuana – a substance he denies using.
His complaint, which was filed with the Equal Employment Opportunity Commission, challenges the NYPD's drug testing procedures as inconsistent and scientifically flawed, alleging that the policy allows officers who may use drugs to remain on duty while subjecting others to retaliation.
In the complaint, Palaguachi said other officers in similar situations were allowed to return to duty after blaming positive drug tests on secondhand exposure.
"I was reassigned to administrative duty while similarly situated officers… who also tested positive — were excused and returned to full duty without formal charges or trial," Palaguachi said.
He also described the system as “a structural failure in the design, oversight and enforcement” of the NYPD’s disciplinary practices.
An NYPD spokesperson didn’t address questions about the fairness of its drug testing program and indicated that the department follows the proper drug testing procedure. The spokesperson said the procedure allows officers with positive drug tests to seek an independent analysis.
The NYPD’s policy, however, requires that all samples be collected by the department in order to ensure proper chain of custody.
Frankie Palaguachi, who has almost 20 years of service and no disciplinary record, said he was demoted from detective to police officer after his hair sample tested positive for marijuana – a substance he denies using.
His complaint, which was filed with the Equal Employment Opportunity Commission, challenges the NYPD's drug testing procedures as inconsistent and scientifically flawed, alleging that the policy allows officers who may use drugs to remain on duty while subjecting others to retaliation.
In the complaint, Palaguachi said other officers in similar situations were allowed to return to duty after blaming positive drug tests on secondhand exposure.
"I was reassigned to administrative duty while similarly situated officers… who also tested positive — were excused and returned to full duty without formal charges or trial," Palaguachi said.
He also described the system as “a structural failure in the design, oversight and enforcement” of the NYPD’s disciplinary practices.
An NYPD spokesperson didn’t address questions about the fairness of its drug testing program and indicated that the department follows the proper drug testing procedure. The spokesperson said the procedure allows officers with positive drug tests to seek an independent analysis.
The NYPD’s policy, however, requires that all samples be collected by the department in order to ensure proper chain of custody.
A veteran Latino NYPD officer has filed a federal complaint accusing the department of discrimination, claiming its marijuana testing policy unfairly targets people with dark hair.
Frankie Palaguachi, who has almost 20 years of service and no disciplinary record, said he was demoted from detective to police officer after his hair sample tested positive for marijuana – a substance he denies using.
His complaint, which was filed with the Equal Employment Opportunity Commission, challenges the NYPD's drug testing procedures as inconsistent and scientifically flawed, alleging that the policy allows officers who may use drugs to remain on duty while subjecting others to retaliation.
In the complaint, Palaguachi said other officers in similar situations were allowed to return to duty after blaming positive drug tests on secondhand exposure.
"I was reassigned to administrative duty while similarly situated officers… who also tested positive — were excused and returned to full duty without formal charges or trial," Palaguachi said.
He also described the system as “a structural failure in the design, oversight and enforcement” of the NYPD’s disciplinary practices.
An NYPD spokesperson didn’t address questions about the fairness of its drug testing program and indicated that the department follows the proper drug testing procedure. The spokesperson said the procedure allows officers with positive drug tests to seek an independent analysis.
The NYPD’s policy, however, requires that all samples be collected by the department in order to ensure proper chain of custody.
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