IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF DELAWARE
|
UNITED STATES OF
AMERICA, Plaintiff, v. THE STATE OF
DELAWARE, THE DELAWARE DEPARTMENT OF PUBLIC SAFETY, AND THE DELAWARE DIVISION
OF STATE POLICE, Defendants. |
|
Civil Action No. 01-020-KAJ |
I.
INTRODUCTION AND BACKGROUND
The United States brought this action against the State of Delaware ("State"), the Delaware Department of Public Safety, and the Division of State Police ("DSP") (collectively, the "Defendants"), pursuant to Section 707 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-6, et seq. ("Title VII"). In its Complaint, the United States alleged that Defendants' use of the Alert written examination, with a cutoff score of 75% (standardized), in the screening and selection of applicants for employment as DSP Troopers from 1992-98 (Trooper Recruit Class Nos. 61-69) violated Title VII by disproportionately excluding African-Americans from employment, without being demonstrated by Defendants to be job-related and consistent with business necessity.
The Court bifurcated this case into two phases: liability (Stage I) and relief (Stage II). (D.I. 14). On May 20, 2003, the Court granted partial summary judgment for the United States, determining that the United States had established a prima facie case that Defendants' use of the Alert for Trooper Recruit Class Nos. 61-69 caused a disparate impact on African-American applicants. (D.I. 261). A bench trial was held August 13-20, 2003, during which Defendants attempted to demonstrate that their use of the Alert from 1992-98 was "job related for the position in question and consistent with business necessity." See 42 U.S.C. §2000e-2(k)(1)(A)(i). On March 22, 2004, the Court issued Post-Trial Findings of Fact and Conclusions of Law, determining that Defendants had failed to satisfy their burden of proof, that their use of the Alert at an impermissibly high cutoff score was not consistent with business necessity and, accordingly, that their use of the Alert violated Title VII. (D.I. 305). On August 24, 2004, the Court entered a Scheduling Order for Stage II, commencing the relief phase of this case.
The parties have agreed to enter
into this Consent Decree to resolve this matter without further contested
litigation. The parties agree that this Court has jurisdiction over them and
over the subject matter of this litigation pursuant to Title VII, and 28 U.S.C.
§§ 1331, 1343(a) and 1345. The parties further agree that this Consent Decree
resolves all issues raised in
the United States' Complaint, and is final and binding on the parties and their
officials, agents, employees and successors, and all persons acting on their
behalf or in active concert or participation with them. Defendants agree that
they shall not seek judicial appeal of any of the findings and conclusions of
this Court related to Defendants' liability under Title VII, including but not
limited to the Court's determination that Defendants' use of the Alert caused a
disparate impact on African-American applicants and that Defendants failed to
establish the lawfulness of their use of the Alert in the screening and
selection of applicants for hire as Troopers in Trooper Recruit Class Nos.
61-69.
Pending
before the Court is a motion filed by Defendants on September 1, 2004. (D.I.
319) In that motion, Defendants request that the Court set the Alert cutoff
score for Claimant eligibility at a minimum of 70% (standardized). The United
States opposes Defendants' motion and requests that the Court set the Alert
cutoff score for Claimant eligibility at a minimum of 66% (standardized). (D.I.
320) While the scope of Defendants' pending motion covers Claimant eligibility
for all phases of relief, the United States and Defendants agree that the scope
of that motion should be limited to the issue of a minimum Alert cutoff score
for Claimants seeking priority hire and/or retroactive seniority and pension
relief pursuant to this Consent Decree.
The United States and Defendants
have been advised by the Court that, to facilitate a resolution of this case,
the Court will rule on Defendants' pending motion and that such ruling will be
limited to the issue of a minimum Alert cutoff score for Claimants seeking
priority hire relief pursuant to this Consent Decree. The parties agree to be
bound by the Court's ruling, provided that the Court approves and enters this
Consent Decree.
To the extent that any
provision(s) of this Consent Decree are inconsistent with the limitations on
disclosure of information contained in the Global Agreed Protective Order
previously entered by the Court in this case, such limitations are lifted and
the Global Agreed Protective Order shall not apply to any actions necessary to
implement the provision(s) of this Consent Decree.
SETTLEMENT
OF CLAIMS AND ORDER OF RELIEF
This Consent Decree is intended to
resolve: (i) all claims by the United States regarding Defendants' unlawful use
of the Alert, and (ii) all claims - whether under federal, state or local equal
employment opportunity law – by any person who accepts relief under this
Consent Decree regarding Defendants' unlawful use of the Alert.
INJUNCTIVE AND PROSPECTIVE RELIEF
1.
Defendants, their officials,
agents, employees and successors, and all persons acting on their behalf or in
active concert or participation with them, shall not engage in any selection
practice utilizing the Alert that has the purpose or effect of unlawfully
discriminating against African-American applicants or potential applicants for
the position of Trooper.
2.
Defendants, their officials,
agents, employees and successors, and all persons acting on their behalf or in
active concert or participation with them, shall not discriminate or retaliate
against any person because of his/her participation in the United States'
investigation giving rise to this lawsuit, or any proceedings related to this
lawsuit or arising under this Consent Decree, including, but not limited to,
seeking or obtaining relief provided under this Consent Decree.
A. Persons
Eligible for Relief
3. This Decree provides victim specific
relief to Claimants. The following Claimants are eligible for relief under this Consent Decree:
All African-Americans amongst the applicants for a Trooper
position with the DSP that resulted in Trooper Recruit Class Nos. 61-69 who met
the minimum qualifications in effect at the time of application, took and
attained a standardized score of at least 66% on the Alert for Claimants
seeking monetary relief, or ___% on the Alert for Claimants seeking priority
hire, retroactive seniority and/or pension relief, would not have been disqualified by Defendants in a
subsequent stage in the selection process (e.g., would not have failed the background investigation, physical or medical
examination, drug screening, etc.), did not voluntarily remove themselves from
consideration (e.g., failed to appear at any stage in the selection process,
declined an offer of hire, etc.), and were not hired to the position of Trooper
in the Trooper Recruit Class that resulted from the Alert examination(s) they
took.
A list of
Claimants is set forth in Appendix A, attached hereto.
4.
Defendants shall provide the
sum of One Million, Four Hundred and Twenty-Five Thousand Dollars ($1,425,000)
(“Settlement Fund”) to be used to satisfy all back pay claims to be paid under
this Consent Decree.
5.
Only those Claimants
described in Paragraph 3, supra, shall be
eligible for monetary relief, including back pay, under this Consent Decree.
6.
Within thirty (30) calendar
days from the date of final entry of this Consent Decree by this Court, Defendants shall deposit the total
sum of the Settlement Fund in a federally insured financial institution agreed to by the parties.
7.
The Settlement Fund,
including all interest that accrues on the fund after deposit, thereafter shall
be distributed by Defendants to the Claimants at the direction and in the sole
discretion of the United States, subject to review by the Court. While
the distribution of the Settlement Fund by Defendants to the Claimants shall be
at the direction and in the sole discretion of the United States subject only
to review by the Court, Defendants may, at their option, provide the United
States with information and/or documentation regarding Claimants they would
like the United States to consider relative to the distribution of the
Settlement Fund. However, any such
information and/or documentation shall be provided to the United States on a
timely basis and shall be limited to the parameters of Paragraph 3, supra. Each Claimant shall be entitled to an
increase in monetary relief due to accrual of interest by the following factor:
the total amount of interest accruing to the principal of the Settlement Fund at the aforementioned financial institution,
divided by the total principal amount of the Settlement Fund. Interest on the
fund shall be compounded quarterly.
8.
All monetary relief under
this Consent Decree shall be paid directly by Defendants to the Claimants, as
described in Paragraph 32, infra. The monetary relief to any Claimant
who dies after having been identified by the United States as qualifying for
relief shall be paid as directed by the United States and approved by the
Court.
9. Defendants shall pay all employer contributions to Medicare due on monetary relief to Claimants who accept the relief provided by this Consent Decree, and any other federal, state or local tax or contribution normally paid by employers. Any employer
9.contributions to Medicare or to federal,
state or local tax shall not be deducted from either the Settlement Fund or any
Claimant’s monetary relief. Defendants
shall withhold, to the extent required by law, all appropriate federal and
state income taxes, employee contributions to Medicare, and any other required
employee withholding or deduction from any monetary relief made under this
Consent Decree, all of which shall be deducted by Defendants from such monetary
relief and all of which shall be paid from the Settlement Fund.
10.
A Claimant shall not be
required to express an interest in priority hire on his/her Interest in Relief
form in order to receive monetary relief under this Consent Decree.
C. Priority
Hire to the Position of Trooper
11.
Defendants shall provide up
to, but no more than, twelve (12) priority Trooper hires to Claimants pursuant
to the terms of this Consent Decree. The maximum number of Claimants who shall
be entitled to priority hire by Defendants by Recruit Class are as follows:
12.
To be eligible for priority
hire to the position of Trooper, such Claimants must satisfy all of the requirements set forth in Paragraph 3, supra, including the requirement that such Claimants must have
attained a standardized score of at least ____% on the Alert. In addition, such Claimants must: (a) timely submit Interest in Relief and Release
forms as described
in Paragraphs 26 and 32, infra; and (b) pass the selection procedures listed in Appendix H.
13.
Within thirty (30) calendar
days from the date Defendants receive from the United States the “Interest in
Relief” forms and list of Claimants requesting priority hire pursuant to
Paragraph 27, infra,
Defendants shall initiate the process of
evaluating such Claimants for priority hire. Upon completing the evaluation of
Claimants for priority hire, Defendants shall establish nine (9) separate
Priority Hire Lists, designated A through I, with Priority Hire List A
corresponding to Claimants who failed the Alert that resulted in Trooper
Recruit Class No. 61, Priority Hire List B corresponding to Claimants who
failed the Alert that resulted in Trooper Recruit Class No. 62, and so on. Each
Priority Hire List shall consist of the rank-ordered results of the Claimants'
composite scores on the selection procedures set forth in Appendix H. Pursuant
to Del. Code Ann. tit. 29, § 5935, Claimants who are veterans of the armed
forces of the United States who served during wartime, and were Delaware
residents at the time of their induction, shall be given a preference in terms
of rank-order. Disabled veteran Claimants, as the term “disabled veteran” is
defined under § 5935, shall receive credit of no more than ten (10) additional
points on their composite score from the selection procedures set forth in
Appendix H. Other veterans shall receive credit of no more than five (5)
additional points on their composite score from the selection procedures set
forth in Appendix H. In the event of a tie among Claimants, rank-order shall be
determined randomly by computer.
14.
The scheduling of the
selection procedures and submission of Priority Hire Lists A through I shall be
completed by Defendants within ninety (90) calendar days from the date
Defendants receive the “Interest in Relief” forms and list of Claimants
requesting priority hire from the United States pursuant to Paragraph 27, infra. Upon completion of the evaluation of Claimants for priority
hire, Defendants shall serve upon the United States the Priority Hire Lists.
After receiving approval from the United States, Defendants shall incorporate
the priority hire Claimants into the first two recruit classes that commence
after the Court rules on the Claimants' eligibility for priority hire relief,
pursuant to Paragraph 31, infra. Should the number of
Priority Hires total less than ten (10) Claimants, Defendants shall incorporate
the Priority Hires into the first recruit class that commences after the Court
rules on the Claimants' eligibility. Defendants shall rank priority hire
Claimants from Paragraph 3, supra, who pass the selection procedures
listed in Appendix H by a composite score of their performance on the selection
procedures.
15.
A Claimant who is placed on a
Priority Hire List shall be entitled to an offer of hire as a Trooper by
Defendants, as set forth in this Decree. As between Claimants on Priority Hire
Lists A through I, Defendants shall first make offers to Claimants on Priority
Hire List A, based on their rank-order placement, until List A is exhausted or
the numerical limitation in Subparagraph 1la, supra, has been met,
whichever comes first. Defendants shall then make offers to Claimants on
Priority Hire List B, based on their rank-order placement until List B is exhausted
or the numerical limitation in Subparagraph 11b, supra, has been met, whichever comes first. Defendants shall
continue this process, going through the Priority Hire Lists in alphabetical
order and making offers from each Priority Hire List based on rank-order, until
the lists are exhausted or up to twelve (12) priority hire offers have been
accepted, whichever comes first.
16.
Defendants' notification of
an offer of hire pursuant to Paragraph 15, supra, shall be made
in writing and accomplished by certified mail (return receipt requested) to a
Claimant. A Claimant who receives a written offer of priority hire from
Defendants shall have ten (10) calendar days from the date of receipt to notify
Defendants that he/she accepts such offer. Notification by a Claimant shall be
in writing and shall be accomplished either by first class mail postmarked on
or before the tenth calendar day from the date of receipt of Defendants'
written offer or delivered in person at the offices of the Delaware State
Police on or before the tenth calendar day from the date of his/her receipt of
Defendants' written offer. If a Claimant provides Defendants with such
notification timely, Defendants shall provide him/her with a priority hire.
However, if a Claimant fails to timely accept Defendants' offer, Defendants'
obligation to provide him/her with priority hire under this Consent Decree
ceases, except for reasonable cause as determined by the United States, subject
to approval by the Court.
17.
Nothing in this Consent
Decree precludes Claimants from applying for hire, or being appointed, as
Troopers under Defendants' regular selection and hiring process for Troopers.
18.
Any Claimant who accepts
priority hire under this Consent Decree and who achieves permanent status in
that position, as well as any Claimant who otherwise would have been entitled
to a priority hire under this Consent Decree but already is an incumbent
Trooper, shall be entitled to retroactive seniority credit in that position as
of the following retroactive seniority date.
a.
Priority Hire List A — July
20, 1992;
b.
Priority Hire List B —
November 15, 1993;
c.
Priority Hire List C —
November 1, 1994;
d.
Priority Hire List D — July
24, 1995;
e.
Priority Hire List E — March
19, 1996;
f.
Priority Hire List F —
January 20, 1997;
g.
Priority Hire List G —
September 22, 1997;
h.
Priority Hire List H – April
6, 1998; and
i.
Priority Hire List I –
October 19, 1998.
19.
As used in this Consent
Decree, the term “retroactive seniority” shall mean the crediting of seniority
for all purposes for which seniority is used in the DSP, except that
retroactive seniority credit shall not affect consideration or eligibility for
either promotion or time-in-grade requirements for purposes of completing any
probationary period or eligibility for promotion. Claimants who receive
retroactive seniority shall receive salary and vacation at the same level as
the salary and vacation they would currently be receiving if they had been
hired on their retroactive seniority dates. However, Claimants shall not be
entitled to any retroactive accruals of vacation or sick leave benefits,
including sick leave incentive benefits.
Claimants
shall not be entitled any back pay, or retroactive overtime payments apart from
whatever monetary relief such Claimants receive pursuant to this Consent
Decree. Additionally,
retroactive seniority shall not be used for purposes of meeting any qualifying
period pertaining to duty disability or duty death benefits.
20.
For Claimants with multiple
test dates and failures, their retroactive seniority date shall be the earliest
date upon which the Claimants meet the qualifications set forth in Paragraph 3, supra.
21.
Any Claimant who accepts
priority hire under this Consent Decree and who achieves permanent status in
that position, as well as any Claimant who otherwise would have been entitled
to a priority hire under this Consent Decree but already is an incumbent
Trooper, shall have the opportunity to retroactively fund their employee
pension contributions. To do so, a Claimant may contribute an additional
portion of his/her salary above and beyond the required employee pension
contribution that shall go towards retroactively funding his/her pension. A
Claimant shall have up to eight (8) years to contribute an amount totaling 5%
of the salary the Claimant would have earned between the retroactive seniority
date, set pursuant to Paragraph 18, supra, and the date on
which the Claimant becomes, or became, a permanent employee. Any retroactive
pension fund contributions a Claimant chooses to make shall be credited first
to the initial year of retroactive seniority. After reaching 5% of the salary
to which the Claimant would have received for the first year of employment, any
retroactive pension fund contributions a Claimant chooses to make shall be
credited to the next year, until the contributions reach 5% of the salary to
which the Claimant would have received for the second year of employment. This
sequence of crediting retroactive employee pension contributions shall continue
year-by-year for up to, but no more than eight (8) years. For each year funded
by a Claimant's retroactive pension fund contributions, Defendants shall
provide all required employer contributions to the employee retirement system
sufficient to fully fund that Claimant's pension benefits for that year.
The Defendants may elect, in their sole discretion, to pay an estimate
of any or all such employer contributions in advance of the Claimant’s payment
of employee contributions. However,
Defendants’ election to make an advance contribution shall not, negatively
impact or decrease the amount of pension to which a Claimant is entitled under
the law. In all events, the amount of a Claimant’s pension payments
shall be calculated in accordance with the defined benefit formula. Any such contributions by Defendants to the
employee retirement system shall not be deducted from the Settlement Fund or
any Claimant's monetary relief.
F. Fairness
Hearing on Consent Decree
22. Upon provisional approval, this Court will set a date for a
fairness hearing to consider giving its final approval to this Consent Decree
and hear any objections filed by individuals affected by this Consent Decree.
The fairness hearing shall be held within sixty (60) calendar days after
provisional approval of this Consent Decree.
23. Within ten (10) calendar days from the date of the Court's
provisional approval of this Consent Decree, Defendants
shall provide written notice of the Court's provisional approval to all
Claimants listed in Appendix A and to all incumbent Troopers. The notice shall
provide a description of the proposed settlement embodied in this Consent
Decree, specify the date, time and place for a fairness hearing, and describe
the procedure for filing objections with the Court. Notice for purposes of this
paragraph shall be by regular first class mail to the individual's last known
address listed in Defendants' records. An example of such notice is attached
hereto as Appendix B.
G. Notice
to Claimants of Final Entry of Consent Decree
24. Within ten (10) calendar days from the
date of final entry of this Consent Decree by this Court, and upon agreement of
the parties regarding the most current available information, Defendants shall send the
following by certified mail (return receipt requested), to the last known
address of those Claimants identified in Paragraph 3, supra:
a.
Notice of Settlement (as set
forth as Appendix C); and
b.
“Interest in Relief” form (as
set forth as Appendix D).
25. Defendants shall bear the cost of all
mailing Defendants are required
to make under this Consent Decree.
H. Claimants
to Submit “Interest in Relief” Forms
26. Any Claimant who fails to forward an
“Interest in Relief” form to the United States within fourteen (14) calendar
days from the date of the last mailing by Defendants of the Notice of Settlement described in Paragraph 24, supra, shall be deemed to have waived any right to be considered
for remedial relief under this Consent Decree except for reasonable cause
shown, as determined by the United States, subject to approval by the Court.
27.
The United States shall
provide Defendants with all “Interest in Relief” forms, as well as a list of
Claimants requesting priority hire, within ten (10) calendar days from the last
date for submission of such forms by the Claimants.
I. Fairness
Hearing on Individual Relief
28.
Within ten (10) calendar days
from the date Defendants have established Priority Hire Lists A through I,
Defendants shall provide the United States with copies of such Lists and, for
any Claimant who applied for priority hire but does not appear on a Priority
Hire List, a statement describing the reason(s) why the Claimant is not on such
List. The Parties shall seek to resolve any dispute concerning the Priority
Hire Lists.
29.
Within ten (10) calendar days
from the date Defendants have provided the United States, with
Priority Hire Lists A through I, the United States shall notify each Claimant
listed in Paragraph 3,
supra, who forwarded an “Interest in
Relief” form under this Consent Decree, as to:
(a)
specific relief, if any, the
United States has proposed on behalf of the Claimant;
(b)
whether Defendants dispute
this claim;
(c)
the opportunity to file,
under Paragraph 30, infra, an objection with
respect to that relief; and
(d)
the date, time and place of a
hearing by the Court to consider the objection.
The United States shall at the
same time provide the same notice to Defendants.
30.
Any
objections by Claimants to the claims for relief under this Consent Decree
shall be filed in writing with the Court and shall be served upon counsel for
the United States and Defendants at least twenty (20) calendar days before the
commencement of the hearing described in Paragraph 31, infra. The United
States and/or Defendants may timely file with the Court a written reply to any
such objection they deem appropriate.
31.
This
Court shall conduct a fairness hearing for the purpose of resolving any dispute
among the parties over the Priority Hire Lists, as well as to resolve any
objections filed by Claimants under Paragraph 30, supra, regarding the individual relief
to be awarded under this Consent Decree.
J. Notice of Determination, Acceptance
of Relief and Payment of Monetary Relief
32.
Within
ten (10) calendar days from the date of the Court's determination of all claims
for remedial relief under this Consent Decree following the fairness hearing
referenced in Paragraph 31, supra, Defendants shall send by certified mail (return receipt requested) a
“Notice of Determination” (as set forth in Appendix E) to each Claimant
entitled to relief. The Notice of Determination shall be accompanied by a
self-addressed stamped envelope and an “Acceptance of Relief and Release” form
(as set forth in Appendix F), which the Claimant shall use to notify Defendants as to whether
he/she desires accepts the relief offered. The Claimant shall have fifteen (15)
calendar days from his/her receipt of the Notice of Determination and
accompanying Acceptance of Relief and Release form in which to properly execute
and return his/her Acceptance of Relief and Release form in order to receive any
relief under this Consent Decree. If the Claimant notifies Defendants that he/she
does not accept the relief, or does not return a properly executed Acceptance
of Relief and Release form within the fifteen (15) day period, Defendants shall be
released from any and all obligations to him/her under this Consent Decree
except for good cause, as determined by the United States, subject to approval
by the Court. If the Claimant notifies Defendants within
the fifteen (15) day period that he/she accepts the relief, Defendants shall within
forty-five (45) calendar days of the last timely returned Acceptance of Relief
and Release form, pay the Claimant the relief to which he/she is entitled.
33.
No
less than ten (10) calendar days prior to Defendants' confirmation of hire of
Priority Hire List A through I Claimants as candidates to Trooper recruit
class(es) pursuant to this Consent Decree, Defendants shall provide the United
States with a list of Claimants whom Defendants intend to hire, and identify
those Claimants whom it has disqualified, stating the reasons for such
disqualification. The parties shall seek to resolve any dispute concerning the
disqualification of a Priority Hire List Claimant. If the parties are unable to
agree, the United States may move the Court for a resolution. However,
Defendants shall not be enjoined from enrolling and commencing the remainder of
the recruit class as planned. The burdens of proof for the resolution of any
priority hire, retroactive seniority and/or pension claim for individual relief
under this Consent Decree that is disputed by Defendants shall be those set
forth by the Supreme Court for Stage II proceedings after a finding of
liability in International Brotherhood of Teamsters v. United States,
431 U. S. 324 (1977). If such claim is successfully disputed by Defendants, the
monetary relief that had been allocated by the United States for the Claimant
may be reallocated by the United States for distribution among non-disputed and
successful Claimants, subject to approval by the Court. However, no Claimant
shall be denied monetary relief on the basis of being disqualified for priority
hire so long as the Claimant met the qualifications for hire that were in
effect at the time he or she initially applied.
L. Information, Records, and Final Accounting
34.
During the remedial relief
process described herein, Defendants shall maintain and retain all documents
and information relevant to the dissemination of remedial relief under this
Consent Decree, and shall make such documents and information available to the
United States upon request.
35.
Within forty-five (45)
calendar days from the date of making the last monetary relief payments
provided in Paragraphs 32 and 33, supra, or the
last priority hire provided in Paragraphs 15 and 16, supra, whichever is later, Defendants shall file with the Court and serve upon the United States
a written report setting forth who accepted relief (both monetary and
non-monetary), a description of the nature and amount of relief, whether any
relief went undistributed and, if so, the reasons the relief was not
distributed. As of the date of the
issuance of such written report, back pay relief which remains undistributed
due to Defendants’ inability to locate Claimants after all reasonable efforts
have been made shall revert to Defendants upon consent of the United States and
approval of this Court.
36. If the parties are unable
to agree on a specific matter falling within the general provisions of this
Consent Decree that contemplates mutual agreement, either party may move the
Court for a resolution.
37. In the event this Consent Decree or its implementation is
challenged, including any action claiming entitlement to damages against
Defendants arising out of the implementation of this Consent Decree, Defendants
and the United States shall fully defend the lawfulness of this Consent Decree.
If any such collateral challenge arises in state court, Defendants shall
promptly seek to remove such action to this Court.
38. The United States and
Defendants shall bear their own costs and attorneys' fees in this action.
39. Defendants may designate
an agent to administer Defendants’ administrative and financial obligations
under this Consent Decree. The
designated agent shall not be liable for any actions it takes in good faith and
in a manner consistent with this Consent Decree. However, the designation of such an agent by Defendants in no way
relieves Defendants from their obligations under this Consent Decree.
VI.
40. This Decree shall
dissolve, and this action shall be dismissed, without further order of this
Court at the end of thirty (30) months from the date of final approval and
entry of this Consent Decree. The United States may move, for good cause, to
extend the Consent Decree if the remedial relief called for herein has not been
effectuated. The Consent Decree will not be extended, however, unless the Court
grants the United States' motion. Any such extension may be granted by the
Court only for such time as is necessary to effectuate the relief set forth in
this Consent Decree.
PROVISIONALLY APPROVED subject to the fairness hearing this
day of ,
2005.
________________________________
UNITED
STATES DISTRICT JUDGE
APPROVED and ORDERED this________ day of____________________ , 2005.
__________________________________
UNITED STATES DISTRICT JUDGE
On behalf of plaintiff On
behalf of defendants
United
States of America: State
of Delaware et al.:
BRADLEY J. SCHLOZMAN
Acting Assistant Attorney General
Civil Rights Division
_________________________________ ______________________________
DAVID J. PALMER DAVID
H. WILLIAMS
Section Chief Morris
James Hitchens & Williams LLP
JOHN M. GADZICHOWSKI 222
Delaware Avenue, 10th Floor
Principal Deputy Chief Wilmington,
Delaware 19801
BENJAMIN J. BLUSTEIN Telephone: (302) 888-6900
DERRICK L. BRENT Facsimile: (302) 571-1750
Trial Attorneys
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Civil Rights Division
Employment Litigation Section, Rm. 4500
Washington, D.C.
20530
Telephone: (202)
514-3831
Facsimile: (202) 514-1005