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Richmond, VA settles officer’s discrimination complaint

The city of Richmond, VA settled a discrimination complaint filed by an Asian American Trinidadian-Indian police officer after a judge refused to throw out the case, reports WRIC.

Naitraj David alleged that the police department did not consider him for promotion despite being one of two master police officers qualified for the job and chose a less qualified White officer, David Marakovich.

The court scheduled the case to go to trial today, December 21, but records show the city settled and closed the case on November 28, according to court records.

The city refused to release full terms of the settlement but acknowledged in an email that it settled for $75,000.

The police department confirmed the settlement amount but declined to elaborate.

David alleged that the city retaliated against him after he filed his complaint.

In his ruling, John A. Gibney, Jr. Senior United States District Judge wrote that “plaintiffs must allege more, such as that the employer ultimately selected an individual who performed worse during interviews or lacked the proper qualifications or experience for the position. David makes such a showing here. David alleges that…a White officer who lacked eligibility for the Acting Sergeant position- (was selected) over two minority MPOs, both of whom were eligible for that position. David also asserts that he was more qualified for the position because he had successfully served as an Acting Sergeant eight prior times, whereas Marakovich had never served in that role. When viewing these facts in the light most favorable to David, the Court finds that David plausibly pleads claims of discrimination based on race and national origin.”

Gibney also ruled that he properly showed that the city retaliated against him writing “starting in May 2020, Sergeant Jeremy Nierman retaliatorily acted against David eight times based on David’s discrimination complaints to RPD leadership and the EEOC.”

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