Former NYPD officer files lawsuit after being denied re-enrollment in the police force twice.

A former New York City Police Department (NYPD) officer has filed an age discrimination lawsuit against the city, claiming that his attempts to rejoin the force were thwarted by arbitrary age restrictions. In April 2023, Richard Ernyey initiated legal proceedings in Manhattan’s state Supreme Court, contending that the NYPD’s hiring policy, which disqualifies applicants aged 35 or older, is fundamentally flawed as it permits officers to serve until the age of 63.

Ernyey, now 39 and currently employed as an armed guard in a hospital, cited his strong desire to return to policing, stating that the sense of purpose he felt while serving made him want to resume his role as a law enforcement officer. He originally joined the NYPD in 2013 and worked predominantly in the 113th Precinct in Queens. However, he resigned in August 2020 amid the COVID-19 pandemic, as he and his family were planning a move to Georgia.

Following the abrupt change in his relocation plans, Ernyey sought to reapply to the NYPD in early 2021, within the one-year period mandated for former officers wishing to return. He was informed that hiring processes had been paused due to the pandemic, a situation he initially accepted as unusual but necessary. Six months later, after receiving the same response, he escalated his efforts—writing to the then-Police Commissioner Keechant Sewell in 2022. However, he was informed that the timeframe for his reapplication had lapsed because of the city’s delay in processing his original request.

Under the NYPD’s current hiring policies, an individual may submit an application only until the day before their 35th birthday for new applicants. Consequently, when Ernyey reapplied, he was informed that he was ineligible due to his age. Given that his current position as an armed guard does not fulfill his aspiration of serving the community, Ernyey has opted to pursue legal recourse.

Ernyey’s attorney, John Scola, argues that age should not disqualify individuals from employment opportunities, similar to the principles that govern gender and racial equality in hiring practices. He asserts that the age limitation exemplifies discriminatory practices that violate city human rights legislation, advocating for the removal of age restrictions from the NYPD’s hiring criteria.

As the legal proceedings unfold, the NYPD and the City Law Department have not commented on the specific allegations presented in the lawsuit. The outcome may not only affect Ernyey’s prospects but also highlight ongoing discussions regarding age representation within law enforcement agencies.