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Case Name United States v. State of New Jersey Personnel Department EE-NJ-0113
Docket / Court 2:88-cv-05087-WGB ( D.N.J. )
State/Territory New Jersey
Case Type(s) Equal Employment
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On November 23, 1988, the U.S. Department of Justice filed a lawsuit against the New Jersey State Department of Personnel under 42 U.S.C. § 2000e, et seq. ("Title VII") in the U.S. District Court for the District of New Jersey. The Department of Justice asked the court for injunctive and monetary ... read more >
On November 23, 1988, the U.S. Department of Justice filed a lawsuit against the New Jersey State Department of Personnel under 42 U.S.C. § 2000e, et seq. ("Title VII") in the U.S. District Court for the District of New Jersey. The Department of Justice asked the court for injunctive and monetary relief, alleging that the defendant had violated Title VII, by discriminating against blacks and women in the hiring for entry-level positions in state law enforcement and corrections. It was also alleged that women were passed over for promotions in State correction officer jobs on the basis of their gender.

The plaintiff alleges that the State administered unlawful written and physical performance examinations and other procedures in processing and selecting candidates for appointment to State law enforcement positions, as well as county and municipal positions that are covered by State civil service laws. It was found that race and gender played statistically significant differences in hiring practices. A study was performed on those applicants with passing performance on the written examination and physical performance test ("PPT"). In an indiscriminant process there would be no disparities across gender or race lines, in terms of applicants hired; however, the study found that there were disparate proportions of passing applicants hired that were black or female, when considering each respective test.

On February 17, 1994, the District Court (Judge William G. Bassler) entered a Consent Decree. 2,200 objections were raised regarding the fairness of this decree, all categories were concluded to be invalid, and the original consent decree was upheld. The consent decree identified three groups of victims who were entitled to relief: (1) blacks who scored too low on the written exam to be considered for appointment; (2) women who failed the police officer PPT; and (3) women who were passed over for appointment to State correction officer jobs on the basis of their gender. Victims of disparate impact were entitled to appointment to jobs and receiving back pay, retroactive pension, and retroactive seniority for those positions.

We have no further information on this case.

Jane Wu - 11/04/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Defendant-type
Jurisdiction-wide
Law-enforcement
Discrimination-area
Hiring
Promotion
Discrimination-basis
Race discrimination
Sex discrimination
Plaintiff Type
EEOC Plaintiff
U.S. Dept of Justice plaintiff
Race
Black
White
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) New Jersey State Department of Personnel
State of New Jersey
Plaintiff Description U.S. Department of Justice on behalf of female and African-American 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 Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1995 - 2007
Case Closing Year 2007
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)
2:88-cv-05087-WGB (D.N.J.) 01/12/2007
EE-NJ-0113-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion 03/14/1995 (1995 WL 1943013) (D.N.J.)
EE-NJ-0113-0003 PDF | WESTLAW | Detail
Order 09/13/2004 (D.N.J.)
EE-NJ-0113-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Partial Consent Decree 06/28/2006
EE-NJ-0113-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Bassler, William G. (D.N.J.)
EE-NJ-0113-0001 | EE-NJ-0113-0002 | EE-NJ-0113-0003 | EE-NJ-0113-9000
Cavanaugh, Dennis M. (D.N.J.) [Magistrate]
EE-NJ-0113-9000
Gerry, John Francis (D.N.J.)
EE-NJ-0113-9000
Hedges, Ronald J. (D.N.J.) [Magistrate]
EE-NJ-0113-9000
Monitors/Masters None on record
Plaintiff's Lawyers Grant, Elaine J. (District of Columbia)
EE-NJ-0113-9000
Landress, Barbara A (District of Columbia)
EE-NJ-0113-0003 | EE-NJ-0113-9000
Martin, Arthur N Jr (New Jersey)
EE-NJ-0113-9000
Rao, Sonya A (District of Columbia)
EE-NJ-0113-9000
Siegel, Eric L (District of Columbia)
EE-NJ-0113-0003 | EE-NJ-0113-9000
Thawley, Barbara E (District of Columbia)
EE-NJ-0113-0002 | EE-NJ-0113-0003 | EE-NJ-0113-9000
Zurofsky, Bennett Dann (New Jersey)
EE-NJ-0113-0003 | EE-NJ-0113-9000
Defendant's Lawyers Derry, Douglass L. (New Jersey)
EE-NJ-0113-0003 | EE-NJ-0113-9000
Grant, Glenn Alfred (New Jersey)
EE-NJ-0113-9000
Hughes, Richard J. (New Jersey)
EE-NJ-0113-0003
Till, Peter William (New Jersey)
EE-NJ-0113-9000
Walko, Andrew J (New Jersey)
EE-NJ-0113-0002 | EE-NJ-0113-9000
Watson, Joanne Y (New Jersey)
EE-NJ-0113-9000
Other Lawyers None on record

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