United States v. City of New York

877 F. Supp. 2d 57, 2012 U.S. Dist. LEXIS 186292, 2012 WL 2863456
Procedural entryThis page is a short order in United States v. City of New York. Read the opinion of the Court — 276 F.R.D. 22
District Court, E.D. New York·Decided July 10, 2012·No. Civ. Action No. 07-cv-2067 (NGG)(RLM)·Published

Opinion

RELIEF ORDER

NICHOLAS G. GARAUFIS, District Judge.

In 2007, the United States brought suit against the City of New York (“City”), alleging that certain aspects of the City’s policies for selecting entry-level firefighters for the New York City Fire Department (“FDNY”) violated Title VII of the 1964 Civil Rights Act, as amended, 42 U.S.C. § 2000e, et seq. (“Title VII”). The United States alleged that the City’s use of two exams — Written Exams 7029 and 2043 — as pass-fail screening and rank-ordering devices had a disparate impact on black and Hispanic candidates for entry-level firefighter. The Vulcan Society and several individuals (“Plaintiffs-Intervenors”) intervened in the lawsuit as plaintiffs, alleging similar claims of disparate impact and also alleging disparate treatment (raising both theories of liability under federal, state, and local law) on behalf of a class of black-entry-level firefighter candidates.1

In July 2009, the Court granted summary judgment in favor of the United States and Plaintiffs-Intervenors and found that the City’s pass-fail and rank-order uses of Written Exams 7029 and 2043 had an unlawful disparate impact under Title VII. Dkt. 294 (July 22, 2009). In addition, in January 2010, the Court granted the Plaintiffs-Intervenors’ motion for summary judgment regarding disparate treatment liability, holding that the City’s use of Written Exams 7029 and 2043 constituted intentional discrimination in violation of Title VII, the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, as well as disparate impact and disparate treatment liability under state and local laws. Dkt. 385 (January 13, 2010).2

[59]*59After issuing these 2009 and 2010 rulings against the City, the Court proceeded to the remedial phase of the case. To remedy the City’s discrimination, the Court has determined that victims of the City’s discrimination who timely submit claim forms and are determined to be eligible may be awarded individual relief (see Section III below as to eligibility). The Court also has issued several rulings defining the scope of individual relief that will be available and the eligibility criteria for an award of relief. This Relief Order summarizes those rulings for purposes of a Fairness Hearing pursuant to Section 703(n) of Title VII, 42 U.S.C. § 2000e-2(n), which the parties have requested. Under the Relief Order, the Court will award individual relief only to individuals who the Court determines, through the claims process for individual relief, were victims of the City’s discriminatory practices. However, only black and Hispanic applicants who took Written Exams 7029 or 2043 will be eligible to receive individual relief. Individuals who took Written Exam 6019 (given primarily in 2007) and/or Written Exam 2000 (given in 2012), but did not take Written Exam 7029 or 2043, are not eligible for relief in this case.

Section I of the Relief Order provides definitions applying to this Order. In Section II, the Court sets the date for a fairness hearing regarding the terms of the Relief Order. The eligibility criteria for individual relief are summarized in Section III. As set forth in Section IV, the three types of individual relief available are: (1) back pay to remedy wages and benefits lost due to discrimination, including pre-judgment interest; (2) priority hiring consideration for FDNY firefighter job offers for up to 293 black and Hispanic victims of discrimination; and (3) retroactive seniority awards to'-current' FDNY firefighters and up to 293 individuals who receive priority hiring relief. In addition, as described in Section V, the Court has found that black victims may be eligible for noneconomic damages (i.e., compensatory damages) for the lost enjoyment and job satisfaction of working as a FDNY firefighter. Section VI sets forth the general framework under which a person’s eligibility for, and amounts of, individual relief awards will be determined.

This Relief Order refers to the Court’s prior orders, including the docket number of the relevant order. These orders provide the reader with more detailed information related to the forms of individual relief. Copies of these orders are available to the public free of charge at www. justice.gov/fdnycase. Copies also may be obtained from the Clerk of this Court.

Pending the resolution of any objections following the fairness hearing (“Fairness Hearing”),3 the Court hereby ORDERS:

I. DEFINITIONS

1. The “Parties” are the United States, by its counsel the United States Department of Justice; the City of New York, by its counsel the Corporation Counsel of the City of New York; and the PlaintiffsIntervenors, which includes the Non-hire Subclass, by their counsel Levy Ratner, P.C., the Delayed Hire Subclass, by their counsel the Center for Constitutional Rights, and the Injunctive Relief Subclass, by their counsel Levy Ratner, P.C., the Center for Constitutional Rights, and Scott + Scott LLP.

[60]*602. “Claimant” refers to a Delayed-Hire Claimant or Non-hire Claimant, as defined below in Section III.

3. “Entry-level firefighter” refers to a person in the entry-level uniformed position in the FDNY, regardless of whether the person may be called a “recruit,” “trainee,” “proby” or other title before completing academy training and/or a probationary period.

4. “Individual relief’ refers to an award of back pay, including fringe benefits and other benefits, prejudgment interest, an offer of priority hire and/or retroactive seniority, and noneconomic damages (if applicable), which a claimant may receive either separately or in combination.

5. “Median hire date” or “presumptive hire date” means:

(a) February 2, 2003 for a Claimant who took Written Exam 7029;
(b) June 11, 2006 for a Claimant who took Written Exam 2043; or
(c) February 2, 2003 for individuals who qualify as Claimants with respect to both Written Exams 7029 and Exam 2043.

6. “Special Masters” refers to Special Masters Steven M. Cohen, Hector Gonzalez, Mitra Hormozi, and Breon S. Peace, who were appointed by the Court on May 22, 2012 (Dkt. 883) to oversee the claims process for individual relief.

II. FAIRNESS HEARING REGARDING RELIEF ORDER

In accordance with Section 703(n) of Title VII, the Court will conduct the Fairness Hearing related to the Relief Order. The purpose of the Fairness Hearing is to provide all individuals who may be affected by the terms of this Relief Order an opportunity to present objections prior to the implementation of individual relief. The Fairness Hearing shall be held on October 1, 2012, at 9:00 a.m., at the United States District Court for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, New York in Courtroom number 4D.

Prior to the Fairness Hearing, and in accordance with the terms of the Order Governing Distribution of Notice of the Fairness Hearing, the City will distribute notice of the Fairness Hearing to all individuals whose interests may be affected by the terms of this Relief Order.

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United States v. City of New York, 877 F. Supp. 2d 57, 2012 U.S. Dist. LEXIS 186292, 2012 WL 2863456 (E.D.N.Y. 2012).

877 F. Supp. 2d 57 (United States v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Definitions
42 U.S.C. § 2000e
§ 2000e-2
42 U.S.C. § 2000e-2(n)