By: Bruce Buchanan, Sebelist Buchanan Law

In its first decision in almost five months, the Office of Chief Administrative Hearing Office (OCAHO) dismissed an individual’s complaint alleging discrimination due to his Jamaican national origin. See Hayden v. New York Police Dept., 13 OCAHO no. 1313 (Nov. 8, 2018).

Hayden alleged the NYPD refused to hire him as a school safety officer because of his Jamaican national origin. Hayden’s complaint suffered from two fatal flaws – he filed it almost two years after the refusal to hire and the NYPD employs over 55,000 employees.

Under 8 U.S.C. §1324b, a charge must be filed within 180 days of the alleged discriminatory act. Furthermore, OCAHO may only hear cases involving alleged national origin discrimination when the employer employs 15 or less employees. Since the charge was filed two years after the alleged discrimination and NYPD employs well over 15 employees, OCAHO dismissed the case.