The recording was made in August 2012 during a performance evaluation of New York transit officer Michael Birch. He was expecting a routine evaluation, but instead he told Gawker, “the conversation just turned completely weird to me. Because he’s basically telling me it’s OK to racially profile.”
In the recording, his supervising captain can be heard criticizing him for only stopping two black men out of 54 people.
“Two male blacks,” the man’s voice can be heard saying. “So you’re telling me you only saw two male blacks jump the turnstile?”
Birch is currently suing the department, claiming he has been retaliated against for being a whistleblower on an illegal quota system. While his original case was dismissed, he’s filed an appeal with a higher court, Gawker reports. The New York Daily News reported on the tape but didn’t publish it at the time. The Daily News says the supervisor in the tape is NYPD Capt. Constantin Tsachas.