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NISKAYUNA
Gender discrimination suit cleared for federal court
BY STEVEN COOK Gazette Reporter
Reach Gazette reporter Steven Cook at 395-3122 or scook@dailygazette.com.

    A female police sergeant’s gender discrimination case against the town Police Department appears headed for a May trial after a mixed court decision.
    Frances L. Wall, 49, a 23-year veteran of the department, filed suit in 2007 in U.S. District Court seeking $2 million in damages. The town of Niskayuna is named as the defendant. She claims she has been repeatedly denied promotions because of her gender.
    In a decision filed last month, U.S. District Judge Thomas McAvoy threw out parts of Wall’s case apparently on procedural grounds. But he let stand allegations related to a 2005 promotion decision where she claims she was passed over because she is a woman.
    And, while direct claims stemming from earlier promotion decisions were barred, the court found that they could be used to support the 2005 allegations.
    “Because [Wall] had been repeatedly passed over for promotion by males with less seniority and lower test scores, and because women officers were supposedly treated more harshly than male officers in the department,” the court wrote, “a reasonable fact finder could conclude that a gender-bias existed in the department.”
    The judge’s ruling puts the case on track for a May trial. The proceedings are now scheduled to begin May 18 in U.S. District Court in Binghamton.
    Carl S. Sandel, attorney for the town, declined to comment Friday on the details of the case. Attorneys for Wall could not be reached.
    McAvoy issued his ruling in response to motions by the defendants asking that he dismiss the entire case.
    The ruling now focuses on the 2005 promotion of Stanley Fiminski to lieutenant, as well as allegations of retaliation.
    Wall’s attorneys have alleged that only two members of the department took the initial 2004 exam. Of the two, Wall scored higher, but the list was not valid because three persons are needed by law.
    A total of four sergeants were interviewed for the post, two of whom hadn’t taken the exam. Promoted was then-Sgt. Fiminski, one of the two who did not take the exam in 2004. Fiminski did take the exam in 2001, coming in second, ahead of Wall, according to the suit.
    According to the order, the town claims that Fiminski was chosen by then-acting Chief Lewis Moskowitz because he possessed leadership qualities that Wall did not.
    Wall conceded a different, laidback leadership style. She also conceded that she conducted herself at one point in a manner as to lose respect, according to the order.
    Since her 2007 filing, Wall has also alleged retaliation, claiming she was passed over for a detective sergeant post.
    Wall has been a member of the ...................http://www.dailygazette.net/De.....amp;EntityId=Ar01101