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On July 22, , Judge Nicholas G. What claims did the Plaintiffs-Intervenors bring against the City? In September , the Court allowed the Plaintiffs-Intervenors to intervene in this case. On May 14, , the Second Circuit Court of Appeals issued a...
As the Equal Employment Opportunity Commission has explained, [An employer] can be found liable under Title VII if it uses a facially neutral practice that has the effect of disproportionately excluding members of a particular protected group. In...
The City administered Exam to applicants for the entry-level firefighter position in March and April The Court approved the City's proposed use of Exam on September 28, , and the City began hiring entry-level firefighters off of the Exam eligible list in July In addition to the development of a new selection procedure, the Court's injunctive relief order requires the City to make additional changes to its selection process.
The City must make changes to its recruitment practices and to the process it uses to screen candidates who pass the entry-level firefighter examination. A Court Monitor is overseeing the City's compliance with the order. Under the proposed Monetary Relief Consent Decree, claimants deemed eligible for relief by the Court will share in a monetary settlement for back pay, fringe benefits, and interest.
In addition, claimants who were deemed eligible for priority hiring relief were entitled to pursue employment as firefighters with the FDNY. Delayed-hire claimants and priority hires also received retroactive seniority. Who is entitled to receive individual relief? The Court has already determined that 1, individuals are eligible for individual relief. The Court's determinations were based on eligibility criteria set forth in the Final Relief Order , which were designed to identify individuals who were victims of the City's discriminatory hiring practices. If you submitted a claim form, you should have received a copy of your court decision in the mail. You may also log onto your claimant portal at www. Individuals eligible for relief were black and Hispanic applicants who took entry-level firefighter Exam first administered in , Exam first administered in , or both, and who also met certain other eligibility criteria.
Eligible claimants included individuals who the City hired as entry-level firefighters if their hiring was delayed due to the City's discriminatory practices , as well as those the City did not hire as entry-level firefighters. For more information, please see the Final Relief Order. If I took Exam first administered in , am I able to receive individual relief in this lawsuit? Please note that the Court has already finished making all eligibility determinations. If you did not submit a claim form before June 10, , it is too late to submit a claim form now. Individuals who did not take either Exam or Exam between and were not eligible to receive individual relief in this lawsuit. If you feel you were discriminated against because of your race or national origin as a result of taking one of the City's written examinations for entry-level firefighter, you should consult with an attorney at your own expense to determine your legal options or you can file a charge of discrimination with the Equal Employment Opportunity Commission.
The Department of Justice and the Plaintiffs-Intervenors have not filed suit against the City with respect to any entry-level firefighter exams other than Written Exams and What is the current status of the case? On June 27, , the parties filed a proposed Monetary Relief Consent Decree to settle the claims for back pay and fringe benefits lost by black and Hispanic firefighter applicants due to the City's use of the exams held to be discriminatory. On June 30, , the Court preliminarily approved the 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, claimants who the Court determined are eligible to receive individual monetary relief.
This Fairness Hearing will be held on October 1, , at a. Will my information be kept confidential? All information submitted as part of this case will be maintained and utilized in accordance with applicable federal law, including the Privacy Act of , 5 U. To the extent any information submitted is protected by the Privacy Act, that information would not be used or disclosed except as permitted under the Privacy Act. No one will file your social security number in any public document. What if I have additional questions? If you have questions about the status of your claim for relief, please contact the Claims Administrator by toll-free telephone at , or by email at questions FDNYlitigation. If you have questions regarding the Plaintiffs-Intervenors' claims, call the Plaintiffs-Intervenors at Please do not contact the court for information about this case.
Court personnel will not be able to answer any questions about your eligibility for relief or the process of obtaining relief. Claims Process Questions What is the process for considering my claim? The Court has made a final decision regarding the eligibility for relief of everyone who submitted a claim form. If you submitted a claim form and did not receive a Report and Recommendation from a Special Master regarding your eligibility for relief or the Court's order on the Special Master's eligibility recommendation, please log into your claimant portal through the claims administrator's website or contact the claims administrator, GCG.
If you have not submitted a claim form, the deadline to return claim forms has passed, and no additional claim forms will be considered by the Court. Who are the Special Masters? The Special Masters are four attorneys the Court appointed to review individual claimants' claims for relief. Everyone who submitted a claim form was assigned to a specific Special Master. The Court then reviewed the Special Masters' eligibility determinations.
The Court has already made a final decision about which claimants are eligible for relief in this lawsuit. I submitted a claim form seeking priority hiring relief. How does the proposed settlement of the back pay and fringe benefits claims affect my pursuit of priority hiring relief? The parties' proposed settlement does not affect your claim for priority hiring relief. For example, if you have already been hired as a priority hire, this settlement does not affect your employment with the FDNY. Similarly, if the Court found you eligible for priority hiring relief and you are undergoing processing for appointment with the FDNY, your processing is not affected by this settlement.
If the Court found you eligible for priority hiring relief but you previously opted not to pursue appointment with the FDNY, you are no longer entitled to pursue priority hiring relief. If you have additional questions about the priority hiring process, you may contact the U. Department of Justice via email at fdnycase usdoj. Black claimants who sought priority hiring relief may also contact Levy Ratner at I submitted a claim form seeking priority hiring relief, and I'm currently participating in the priority hiring process.
If you have any questions or concerns about your background investigation contact your investigator or call or send an email to CID fdny. If you have any questions or concerns about the response you get from CID, you may contact the U. Department of Justice by emailing fdnycase usdoj. If you are ultimately hired as a priority hire and begin the FDNY Fire Academy, you will receive a higher salary, as if you had been hired from your original exam. If you took Exam , you will receive the salary of someone who was hired on February 2, If you took Exam , you will receive the salary of someone hired on June 11, What additional benefits are successful priority hires entitled to as a result of this lawsuit? If you are ultimately hired as a priority hire and begin the FDNY Fire Academy, you will receive retroactive seniority.
For a definition of retroactive seniority and what it covers, please see pages 14 - 15 of the Final Relief Order. You will also receive retroactive pension benefits. What additional benefits are eligible Delayed-Hire Claimants entitled to as a result of this lawsuit? If you have been determined to be eligible for relief as a Delayed-Hire Claimant, you were hired after your presumptive hire date, and you still work for the FDNY, you are entitled to retroactive seniority, including retroactive pension benefits. If I am a priority hire or a Delayed-Hire Claimant entitled to retroactive seniority, what does it mean to receive pension benefits?
If you were hired as a priority hire or if you are a Delayed-Hire Claimant who was hired after your presumptive hire date and you still work for the FDNY, you are entitled to retroactive pension benefits as part of your award of retroactive seniority. In order to receive retroactive pension benefits, you must pay pension fund contributions required by law, which will be deducted from your settlement award. The amount of employee pension contributions to be deducted from each claimant's back pay award is still being calculated. I am a Delayed-Hire Claimant. Why is my presumptive hire date different from my actual hire date? The presumptive hire date for each exam is the median date of hire for all firefighters appointed from each exam. For Exam , the median hire date was February 2, , and for Exam , the median hire date was June 11, The Court determined that all those hired after the median hire date would receive retroactive seniority dating back to February 2, for those who took Exam and June 11, for those who took Exam Delayed-Hire Claimants who were hired before the median hire date will not receive retroactive seniority, but they will of course not lose any seniority.
In other words, those whose hires were delayed the most will receive retroactive seniority back to the median or presumptive hire date, but the presumptive hire date has no effect on your seniority if you were hired before February 3, for Exam or June 11, for Exam The presumptive hire date also has no effect on your eligibility for back pay or on back pay calculations.
Scores of eligible firefighter applicants who scored a 98 on the city's written exam five years ago will be tossed from the hopeful ranks barring a last-second list extension. Advertisement That's because they were knocked down the hiring roster based on the fifth digit of their Social Security numbers — a practice used to break test score ties since Advertisement "The family tells you she loves you, you're a perfect guy, but it's not going to happen. The candidates are urging the city's Department of Citywide Administrative Services, which handles civil service, to extend the list for another year. Or to hire all those eligible score candidates on a provisional basis until there's another class. He missed being called up for the last Fire Academy class by about 30 spots.
You are now following this newsletter. See all newsletters. The group is contemplating taking legal action against the city, arguing the use of Social Security numbers is an illegal selection method. Most Read.
Claimants deemed eligible for relief based on both Exam and Exam have been assigned to the Exam damages category. The back pay settlement amounts for the four Nonhire Claimant damages categories will not be divided evenly among all eligible claimants in each damages category. If you are a Nonhire Claimant, you may view the documents used to calculate your average annual employment earnings in your claimant portal. Actual employment earnings were not known for some Nonhire Claimants. These claimants' back pay awards were determined based on the maximum amount of average interim earnings. As a result, these claimants were awarded the minimum amount of back pay. If you are a Nonhire Claimant for whom earnings information is missing, you will be notified in the cover letter listing the amount of money you are entitled to receive. I am a Nonhire Claimant.
The Court previously determined that additional black and Hispanic applicants would have been hired as entry-level firefighters but for the exams held to be discriminatory. The Nonhire Claimant back pay settlement amounts agreed to by the parties are fixed amounts based on what these additional black and Hispanic applicants would have earned, if they had been hired as entry-level firefighters. The Court determined that of the 1, eligible claimants are eligible for monetary relief as Nonhire Claimants. In other words, the salary that would have been earned by firefighters must be shared among the individuals who are eligible for a monetary relief as Nonhire Claimants. How will the back pay settlement amounts be divided among Delayed-Hire Claimants? The back pay settlement amounts for the four Delayed-Hire Claimant damages categories will not be divided evenly among all eligible claimants in each damages category. The months of delay used to calculate back pay awards for Delayed-Hire Claimants is different from the dates used to calculate Delayed-Hire Claimants' awards of retroactive seniority.
If you are a Delayed-Hire Claimant, your presumptive hire date has no effect on your back pay calculations. I am a Delayed-Hire Claimant. Why is my back pay award less than what my paycheck would have been during my months of delay? The Court previously determined that the hiring of black and Hispanic firefighters off of the eligible lists for Exam and Exam was delayed by a total of 69 years because of the exams held to be discriminatory.
The Delayed-Hire Claimant back pay settlement amounts agreed to by the parties are fixed amounts based on what these black and Hispanic firefighters would have earned during their combined 69 years of delay, if their hiring had not been delayed. The Court determined that of the 1, eligible claimants are eligible for monetary relief as Delayed-Hire Claimants. These claimants experienced a combined delay of nearly 1, years.
Because it is impossible to know which of the Delayed-Hire Claimants would have been hired earlier in the absence of the exams held to be discriminatory, the back pay settlement amounts based on the earnings of the black and Hispanic firefighters over their 69 years of delay are divided among the claimants, according to the specific number of months each claimant was delayed, as described above.
In other words, the salary that would have been earned by firefighters over 69 years must be shared among eligible Delayed-Hire Claimants over their combined nearly 1, years of delay. How will the fringe benefits settlement amounts be divided among claimants? All eligible claimants will receive a Fixed Share of the fringe benefits settlement amount, regardless of whether they submitted a Fringe Benefits Claim Form or submitted a claim form claiming no expenses.
Therefore, each claimant who claimed fringe benefits expenses will receive both a Fixed Share and a Claimed Expenses Share, which will reimburse them for a proportion of their claimed expenses. What is my proposed award for back pay, fringe benefits, and interest? If the Court already decided that you are eligible for relief, you will be entitled to money as a result of the proposed settlement. Attached to the proposed Decree is a Proposed Relief Awards List, which shows the proposed awards for back pay, fringe benefits, and interest for each of the 1, claimants.
You will also be sent a cover letter via mail and email that informs you of your proposed award. These proposed awards will ultimately be adjusted based on how many claimants submit acceptance of individual monetary relief forms and whether the Court sustains any objection s to the proposed awards. Your award will be decreased by any applicable amounts required to be withheld by law, such as federal, New York State, District of Columbia, New York City, and Yonkers income taxes, child support liens, and employee pension contributions for priority hires and Delayed-Hire Claimants who have been awarded retroactive seniority. You will be responsible for paying any additional employee-side state income taxes if you live in a state other than New York or the District of Columbia.
When will I receive my monetary award? The Court has preliminarily approved the proposed Monetary Relief Consent Decree and will hold a Fairness Hearing to determine whether to approve the terms of the settlement and whether to approve or amend the Proposed Relief Awards List. This Fairness Hearing will be held on October 1, , at a. The City will be required to issue award payments to claimants no later than days after the Court approves the Decree and Final Relief Awards List. What happens now that the Court has preliminarily approved the settlement? By July 14, , GCG will mail and email to each claimant Notice Documents and a cover letter that lists the amount of money he or she is entitled to receive under the proposed settlement.
How do I object to the proposed settlement of the back pay and fringe benefits claims or to my proposed award? Objecting to the settlement or to your proposed award is voluntary, but if you do not submit an Objection Form by August 12, , you will not, absent good cause, be able to object in the future. Objections must be submitted using the form located here. All Objection Forms must be filled out completely, either typed or printed clearly. You must include a description of the basis of your objection. If you have retained an attorney to assist you in this matter, you must include the name, address, phone number, and email address of your attorney. You may attach additional pages to the Objection Form, if necessary. You must include copies of any documentation supporting your Objection Form.
Whatever they hear, they accept. The most common complaint blacks make about traditional FDNY hiring practices is that the department seemed delinquent in contacting candidates during the application process. Brown says he called the FDNY personnel office frequently to update his status when he applied. After consistently being informed that everything was fine, on a call four days before his scheduled starting date, the office told him he did not have an adequate number of college credits for the job. Dumfounded and a college graduate , Brown drove from Connecticut to the city to re-deliver his transcript.
Norman Y. The would-be minority-group firefighters far outscored those who sat for the previous three exams — the results of which were deemed discriminatory and tossed out by a judge. Advertisement Bravest hopefuls who nail a grade of 97 or higher are considered likely to be hired by the FDNY over the next four years. Nearly half — The results of all three earlier tests were thrown out by Brooklyn Federal Judge Nicholas Garaufis in response to a lawsuit from the Justice Department and the Vulcan Society of black firefighters.
Based on the new data, the city's top lawyer is now urging Garaufis to sign off on the exam so the FDNY can quickly begin hiring new firefighters for an academy class tentatively set for January. The FDNY is firefighters below its budgeted staffing level because it has been blocked from hiring new people. The feds, the Vulcan Society and the city all agree that the new test results do not have the same "adverse impact" on minorities as did the previous exams. There's now a total pool of 9, candidates who reached the 97 mark and are likely to be considered for hiring within four years. Of these, 5, are white, 1, are black, 2, are Hispanic, 31 are Asian and are from other groups. Darius Charney, a lawyer for the Center for Constitutional Rights, which represented the Vulcan Society, said he is "encouraged" by the test results. Still, he cautioned that in the past many minorities were screened out in the post-test hiring process. Most Read.
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