IN THE MATTER OF ROBERT BROWN, POLICE SERGEANT (PM0622N), CITY OF SALEM (NEW JERSEY CIVIL SERVICE COMMISSION) (A-5470-16T1)
Appellant was denied promotion to the position of sergeant when his employer chose the first, third and fourth police officers from a certified list, skipping over appellant who placed second; the first and third are Caucasian officers, while appellant and the fourth are African-American. The Civil Service Commission denied appellant's claim of retaliation arising from grievances about an earlier promotion; in so acting, the Commission did not conduct an evidentiary hearing but simply rejected what it called appellant's "mere allegations" that the employer retaliated against him. The court remanded for an evidentiary hearing so the parties' factual disputes could be resolved and so the Commission might determine – even if not expressly or clearly raised previously – whether the employer's reasons for skipping over appellant were unlawfully pretextual.
