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.