San Jose cop alleges discrimination

Lebanese American officer says he was harassed on the job for years

A veteran San Jose police officer filed a complaint Monday against the city and department alleging that he has been subject to harassment and discrimination because he is Lebanese American and Muslim.

Officer Nabil Haidar joined San Jose’s police force in 1996. But since 9/11, he said, he has regularly experienced harassment and discrimination. In the complaint filed Monday, Haidar alleges that other San Jose police officers said things like, “How many infidels are you planning to kill today?” and joked about him being associated with ISIS and terrorist groups.

“After 21 years on the force, and receiving those racial comments, at some point there is a breaking point,” Haidar told The Chronicle.

He said the first breaking point came on Veterans Day in 2017, during a briefing where about 70 officers and 15 command staff members were present. The captain thanked the veterans present, and a sergeant allegedly interjected: “Captain, you forgot to mention Nabil. He is an ISIS veteran. He was with ISIS for two years.”

Haidar attempted to address the comment after the meeting, he said, but officers kept joking and laughing it off. He then met with a crisis intervention team sergeant and was contacted by an internal affairs officer, according to the complaint. Nothing came out of an investigation, Haidar said.

Gina Teeporten, a San Jose Police Department spokeswoman, declined to comment on specific allegations, but she said the complaint was “unfair” in its depiction of the force’s overall culture.

“While we cannot comment on specific personnel matters or a pending lawsuit we have not yet reviewed, we can say that the statements made are an unfair characterization of this department,” she said in a statement.

“In general terms, when an allegation like this is made they are dealt with quickly and, if valid, severely,” Teeporten said. “Our diversity is our greatest strength and evidence of how we value diversity is reflected in our policies, actions and initiatives both internally and in our community.”

Haidar alleges that the harassment continued through Jan. 15, 2018, when he was on the scene of a burglary in progress. Other officers made disparaging racial comments, he said, adding that he believes the San Jose Police Department has his body-worn camera footage of the incident. Haidar said he asked to transfer to a desk job in the Recruitment Unit that same day.

“I had to respond to a highly stressful situation and in the middle of it, I also had to make sure to look behind my back at officers in my own department,” he said.

Haidar’s complaint bears a striking similarity to a complaint lodged by a San Francisco police officer last month. The officer, a Muslim who emigrated from Afghanistan, told media that he was repeatedly harassed on the basis of his race and religion. He also alleged that fellow officers made disparaging comments and jokes about ISIS, bombs and terrorism. The officer — who asked the media to withhold his identity — said he sought an internal investigation and nothing had come of it.

Filing the complaint with the city is the first step toward litigation, said Haidar’s attorney, Randall Strauss. San Jose officials now have 45 days to accept or reject the claim.

“It’s a rare event for an entity to accept a claim, so as a matter of course I assume they’ll reject it,” Strauss said. “We are then permitted to pursue litigation in court.”

Haidar is seeking damages upwards of $6 million.

“All I’m asking is for accountability,” he said. “I want them to accept the facts, that these things happened. I would like to have the chief to enforce policies which already exist.”

Adnan Rasheed, a San Jose police community advisory board member who has worked to strengthen department ties with the local Muslim community, said he expects the department to thoroughly investigate the matter.

“It’s sad to hear Mr. Haidar’s allegations,” Rasheed wrote in an email. “I know that the department prides itself on continuing to proactively produce officers that are respectful and professional. I am certain the department will work to investigate these claims and make any necessary changes from there.”