University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States of America v. City of New York and New York City Housing Authority EE-NY-0191
Docket / Court 1:01-cv-04604-RCC ( S.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection IWPR/Wage Project Consent Decree Study
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On May 31, 2001, the United States filed a lawsuit under Title VII against the City of New York in the U.S. District Court for the Southern District of New York, alleging that the City's Work Experience Program ("WEP") discriminated against its employees on the basis of their sex and race. ... read more >
On May 31, 2001, the United States filed a lawsuit under Title VII against the City of New York in the U.S. District Court for the Southern District of New York, alleging that the City's Work Experience Program ("WEP") discriminated against its employees on the basis of their sex and race. Specifically, the United States contended that WEP supervisors subjected three female employees to sexual harassment and retaliation and that the City knew of and refused to remedy this discrimination. Additionally, the United States alleged that the WEP engaged in race discrimination by refusing to take action against the hostile, racist work environment of an African-American employee. Specifically, a noose and a racial caricature of African-Americans were placed in the interior of a building that this employee was painting. When the employee complained, her WEP supervisor refused to take action against this hostile environment. The United States sought remedial and injunctive relief.

The EEOC investigated the charge, found reasonable cause to believe that the allegations of sex and race discrimination were true, attempted unsuccessfully to achieve through conciliation a voluntary resolution of the charge and subsequently referred the matter to the Department of Justice.

On May 12, 2006, the United States and the defendant agreed to enter into a consent decree, which was approved by the district court (Judge Richard Conway Casey). The City of New York agreed to offer one female plaintiff a monetary award of $110,000, another female plaintiff an award of $40,000, and the African American employee an award of $18,000.

Additionally, the City agreed to distribute a notice that informs WEP employees of their rights under Title VII. People who direct or oversee the WEP program are enjoined from engaging in sex or race discrimination. These people will also be required to participate in trainings concerning hostile environments and unlawful discrimination. The agreement further required the defendant to distribute the notice to the heads of all city agencies that assigns work to WEP participants.

We have no further information on this case.

Dana Schwarz - 11/08/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Defendant-type
Housing Authority
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
Race discrimination
Sex discrimination
General
Disparate Treatment
Retaliation
Plaintiff Type
U.S. Dept of Justice plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) City of New York
Plaintiff Description U.S. Department of Justice on behalf of female employees
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2006 - n/a
Case Closing Year n/a
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
01-04604 (S.D.N.Y.) 05/10/2007
EE-NY-0191-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 05/31/2001
EE-NY-0191-0001.pdf | Detail
Consent Decree 05/12/2006
EE-NY-0191-0002.pdf | Detail
Judges Casey, Richard Conway (S.D.N.Y.)
EE-NY-0191-0002 | EE-NY-0191-9000
Monitors/Masters None on record
Plaintiff's Lawyers Ashcroft, John (District of Columbia)
EE-NY-0191-0001
Baumgarten, Deborah M (North Carolina)
EE-NY-0191-9000
Casey, Timothy Joseph (New York)
EE-NY-0191-0002 | EE-NY-0191-9000
Corwin, Neil M. (New York)
EE-NY-0191-0001 | EE-NY-0191-0002 | EE-NY-0191-9000
Davis, Martha E (New York)
EE-NY-0191-9000
Fisher, Eric B (New York)
EE-NY-0191-0001 | EE-NY-0191-9000
Garcia, Michael J. (New York)
EE-NY-0191-0002
Hallums, Melanie R (New York)
EE-NY-0191-0002
Leddy, Daniel (New York)
EE-NY-0191-0002
Normand, Susan S. (New York)
EE-NY-0191-0002
Sipser, William (New York)
EE-NY-0191-0002
Tuckner, Jack (New York)
EE-NY-0191-0002
White, Mary Jo (New York)
EE-NY-0191-0001
Wu, Yolanda S (New York)
EE-NY-0191-9000
Yeomans, William R. (District of Columbia)
EE-NY-0191-0001
Defendant's Lawyers Cardozo, Michael A. (New York)
EE-NY-0191-0002
Richardson, Kenneth Warren (New York)
EE-NY-0191-0002 | EE-NY-0191-9000
Richter, Marilyn (New York)
EE-NY-0191-0002
Other Lawyers None on record

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