SEPTA settles lawsuit over allegations of racism and retaliation for nearly a half-million dollars

SEPTA will pay $496,000 to three transit police officers to settle civil rights charges that their supervisor harassed them based on their race and religion and then retaliated when they complained, according to an agreement announced Monday by the U.S. Department of Justice.

The public transit agency also agreed to overhaul the way its police department handles discrimination complaints and provide yearly training to employees, with four years of federal oversight.

“This settlement sends a clear message that the department stands ready to protect employees who are subject to racial harassment and a hostile work environment, particularly in law enforcement agencies dedicated to serving the public,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said in a statement.

The case was a factor in SEPTA Police Chief Thomas J. Nestel III’s sudden retirement in July, according to people familiar with the situation who were not authorized to speak publicly.

» READ MORE: SEPTA Police Chief Thomas Nestel suddenly retired amid a turbulent time for the transit police

Jon L. Randolph, a Black officer on the transit police force, filed suit over incidents of harassment that occurred in 2019.

In September 2021, the U.S. Equal Employment Opportunity Commission found “reasonable cause” that SEPTA had violated Randolph’s civil rights on the basis of race and his religion. Randolph was promoted to detective on a special investigations unit and contended that his supervisor harassed him by, among other things, using racial slurs and implying that Muslims gathering for prayer made him nervous about terrorism, according to Randolph’s complaint.

When Randolph and colleagues objected, the supervisor bragged of his close relationship with Nestel and threatened to ruin their careers, the complaint says. It alleges that Nestel did not take “immediate remedial action” when made aware of the abuse.

Randolph is set to receive $288,000 in the settlement, the Justice Department said. Former officers Nathan D’Etorre and Anthony Lederer each will receive $105,000 under the agreement; both left the force for other jobs, SEPTA said.

The supervisor, Sgt. Bryan McCauley, no longer works for SEPTA.

“Providing a safe and healthy work environment is important to SEPTA,” spokesperson Andrew Busch said in a statement. “We know there are opportunities to improve our process around handling this type of situation, and we are already implementing actions outlined under the consent decree with the DOJ.”

SEPTA did not admit to the charges but settled to avoid costly litigation, the agreement said.