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United States v. City of New York
FDNY Employment Discrimination Case

Case Timeline and Court Decisions

May 21, 2007 - The Complaint (Dkt. 1)
The United States filed the complaint underlying this lawsuit in the United States District Court for the Eastern District of New York.
September 2007 - The Plaintiffs-Intervenors' Complaint (Dkt. 48)
The Court permitted the Vulcan Society and three individual applicants to intervene in the United States' lawsuit. They filed a complaint joining the claims of the United States and asserting additional claims of their own.
July 22, 2009 - The Disparate Impact Liability Ruling (Dkt. 294)
The Court held that the City's use of Written Examinations 7029 and 2043, first given in 1999 and 2002, respectively, violated Title VII because the City's use of these exams had a disparate impact on black and Hispanic applicants and could not be justified by the City as job-related and consistent with business necessity, as is required by the law.
January 13, 2010 - The Disparate Treatment Liability Ruling (Dkt. 385)
The Court held that the City's use of Exam 7029 and Exam 2043 constituted a pattern or practice of intentional discrimination against black applicants, in violation of Title VII, the Fourteenth Amendment to the U.S. Constitution, and New York City and State Human Rights Laws.
January 21, 2010 - The Preliminary Relief Order (Dkt. 390)
The Court issued a Preliminary Relief Order, outlining the broad contours of relief for the City's disparate impact liability based on its use of Exam 7029 and Exam 2043.
June 6, 2011 - Order Regarding Class Certification (Dkt. 640)
The Court issued an order regarding the certification of a class of black applicants discriminated against by the City, including the issue of class certification for noneconomic damages.
July 8, 2011 - The Remedial-Phase Class Certification Order (Dkt. 665)
The Court issued an order granting in part and denying in part the Plaintiffs-Intervenors' motion for certification of a class of black firefighter applicants for the remedial phase of this lawsuit.
October 9, 2011 - Order Regarding Intent to Order Injunctive Relief (Dkt. 743)
The Court issued an order after the August 2011 trial regarding the Plaintiffs-Intervenors' claims for injunctive relief stating its intent to impose injunctive relief and appoint a Court Monitor.
November 9, 2011 - Order Appointing Marc S. Cohen as Court Monitor (Dkt. 758)
The Court ordered that Marc S. Cohen serve as the court monitor to oversee the FDNY's recruitment, post-examination screening, and equal employment opportunity compliance processes.
December 8, 2011 - Partial Judgment and Injunctive Relief Order (Dkt. 765)
The Court issued an injunctive relief order which included the appointment of a Court Monitor to oversee the City's compliance. Among other things, under the order, the City may not use any exam that has a disparate impact on black or Hispanic entry-level firefighter applicants unless it is justified as job-related and consistent with business necessity. Additionally, the City may not retaliate against any individuals who benefit from or assist with this lawsuit. The order also describes actions the City must take to reform the FDNY's recruitment, post-examination screening, and equal employment opportunity compliance processes.
March 8, 2012 - Order Awarding Back pay and Appointing Special Masters (Dkt. 825)
The Court issued an order awarding an aggregate amount of back pay of $128 million for lost wages as a remedy for the City's discrimination. The City of New York will have the opportunity to reduce the aggregate amount of back pay by proving that victims of discrimination mitigated their losses through interim employment. The Court also appointed four special masters to hold individualized hearings and to oversee the management of the claims process.
April 4, 2012 - Joint Proposed Remedial Phase Timeline (Dkt. 844-2)
The parties proposed a remedial phase timeline for the claims process, which the Court approved on April 12, 2012.
April 20, 2012 - Retroactive Seniority Order (Dkt. 861)
The Court ordered that victims of the City's discrimination who are currently employed as FDNY firefighters and those who are appointed as entry-level firefighters as a result of this lawsuit will receive retroactive seniority as of the median hire date for the relevant discriminatory exam.
May 22, 2012 - Order Appointing Claims Process Special Masters (Dkt. 883)
The Court issued an order appointing Steven M. Cohen, Hector Gonzalez, Mitra Hormozi, and Breon S. Peace to serve as Special Masters overseeing the claims process.
June 3, 2012 - Order Regarding Distribution of Back Pay (Dkt. 888)
The Court issued an order describing how backpay will be distributed among claimants eligible for individual relief.
July 10, 2012 - Proposed Relief Order (Dkt. 922)
The Court provisionally entered a proposed Relief Order summarizing the individual relief available in this lawsuit.
August 22, 2012 - Order Regarding Discovery and Evidence at Individual Hearings (Dkt. 952)
The Court issued an order ruling on several issues about discovery in anticipation of individual relief proceedings, and ruling on the evidence the City may offer at those proceedings.
September 29, 2012 - Order Approving Use of Exam 2000 (Dkt. 986)
The Court issued an order approving the City's proposed use of Exam 2000 for entry-level firefighter selection.
October 26, 2012 - Order Overruling Objections to the Proposed Relief Order (Dkt. 1011)
The Court issued an order addressing and overruling written and oral objections to the Proposed Relief Order.
October 26, 2012 - Final Relief Order (Dkt. 1012)
The Court entered a Final Relief Order governing the distribution of back pay, priority hiring, and retroactive seniority to eligible claimants.
May 14, 2013 - Second Circuit Court of Appeals Ruling
The Second Circuit overturned the district court's intentional discrimination finding and sent the intentional discrimination claim to a new district court judge for trial. The Second Circuit also upheld most of the remedies ordered by Judge Garaufis, including a Court Monitor to oversee the FDNY's hiring, and held that Judge Garaufis would maintain jurisdiction over financial and other remedies.
June 6, 2013 - Modified Remedial Order (Dkt. 1143)
The district court entered a Modified Remedial Order in accordance with the Second Circuit's May 14, 2013 opinion.
April 28, 2014 - Order Preliminarily Approving Settlement of Intentional Discrimination Claims (Dkt. 1293)
The Court preliminarily approved the City and the Plaintiffs-Intervenors' proposed settlement of the Plaintiffs-Intervenors' intentional discrimination claims.
June 27, 2014
The parties filed the following documents with the Court regarding the proposed settlement of the claims for back pay and fringe benefits lost by black and Hispanic firefighter applicants due to the City's discrimination.
June 30, 2014 - Order on Joint Motion for Provisional Entry of Monetary Relief Consent Decree and Scheduling of Fairness Hearing (Dkt. 1437)
The Court preliminarily approved the Monetary Relief Consent Decree and scheduled a Fairness Hearing to determine whether to finally approve the Decree and whether to approve or amend the Proposed Relief Awards List, which shows the proposed awards for back pay, fringe benefits, and interest for each of the 1,470 claimants who the Court determined are eligible to receive individual relief.

Please do not contact the court for information about this case.

General Information Office of the Assistant Attorney General
 
Leadership
Jocelyn Samuels
Acting Assistant Attorney General
Contact
Civil Rights Division
(202) 514-4609
Telephone Device for the Deaf (TTY) (202) 514-0716
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