University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Cokely v. New York Convention Center Operating Corporation EE-NY-0205
Docket / Court 1:00-cv-04637 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection IWPR/Wage Project Consent Decree Study
Private Employment Class Actions
Case Summary
On June 22, 2000, the plaintiff, a minority male, filed a lawsuit pursuant

to Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. § 2000e and the Civil Rights Act of 1871, as amended, 42 U.S.C. § 1981, alleging discrimination based on race, ethnicity and gender against the ... read more >
On June 22, 2000, the plaintiff, a minority male, filed a lawsuit pursuant

to Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. § 2000e and the Civil Rights Act of 1871, as amended, 42 U.S.C. § 1981, alleging discrimination based on race, ethnicity and gender against the New York Convention Center Operating Corporation in the U.S. District Court for the Southern District of New York. The plaintiff, represented by private counsel, asked the Court for certification as a class and for monetary and punitive damages in the amount of $9,999,000 under Fed.R.Civ.P. 23(b)(2) and (3).

The plaintiffs, who work for the Javits Convention Center, complained that the job appointment and promotion systems favored white, male employees in terms of the amount of work and the type of work allotted. This also gave white male employees greater opportunity to be promoted to higher-paying positions. They alleged that this created a hostile work environment filled with racist and misogynistic phrases. The plaintiffs also allege that they were denied privileges of employment because of their race and gender and that they suffered retaliation when they reported this discrimination.

On August 21, 2006, the U.S. District Court for the Southern District of New York (Judge Deborah A. Batts), held that a settlement call be certified and that the settlement set forth the full and final terms by all parties to settle and resolve all claims that were or could have been asserted in the Litigation against NYCCOC. The settlement provides equitable relief and damages to members of the plaintiff class.

Caitlyn Clarke - 03/06/2008


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Follow recruitment, hiring, or promotion protocols
Monitor/Master
Monitoring
Other requirements regarding hiring, promotion, retention
Promotion
Provide antidiscrimination training
Recordkeeping
Discrimination-area
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Discrimination-basis
Race discrimination
General
Disparate Treatment
Retaliation
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1981
Defendant(s) New York Convention Center Operating Group
Plaintiff Description All African-American and Hispanic persons who were or had been employed as Freight Handlers, Show Carpenters or part-time Housekeepers at the Javits Center at any time between July 1, 1995 and May 24, 2006.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2006 - 2009
Case Closing Year 2006
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)
1:00−cv−04637 (S.D.N.Y.) 10/18/2006
EE-NY-0205-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion 11/05/2001 (174 F.Supp.2d 49) (S.D.N.Y.)
EE-NY-0205-0003 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 05/02/2002 (2002 WL 844397) (S.D.N.Y.)
EE-NY-0205-0004 PDF | WESTLAW | Detail
Opinion 04/02/2003 (2003 WL 1751738) (S.D.N.Y.)
EE-NY-0205-0005 PDF | WESTLAW | Detail
Order (Granting Motion for Class Certification) 05/20/2004 (2004 WL 1152531) (S.D.N.Y.)
EE-NY-0205-0001 PDF | WESTLAW | Detail
Notice of Class Settlement 05/25/2006
EE-NY-0205-0002 PDF | Detail
Judges Batts, Deborah A. (S.D.N.Y.)
EE-NY-0205-9000
Motley, Constance Baker (S.D.N.Y.)
EE-NY-0205-0001 | EE-NY-0205-0003 | EE-NY-0205-0004 | EE-NY-0205-0004 | EE-NY-0205-0005 | EE-NY-0205-0005 | EE-NY-0205-0005
Monitors/Masters None on record
Plaintiff's Lawyers Brown, Jeffrey Kevin (New York)
EE-NY-0205-9000
Kaswan, Beth A. (New York)
EE-NY-0205-9000
Ostrove, Frederic (New York)
EE-NY-0205-9000
Rediker, John (New York)
EE-NY-0205-9000
Weprin, Barry (New York)
EE-NY-0205-9000
Defendant's Lawyers Carey, Larry (New York)
EE-NY-0205-9000
Levin, Richard A (New York)
EE-NY-0205-9000
Lieberman, Frederic L. (New York)
EE-NY-0205-9000
Rubin, Ivan B. (New York)
EE-NY-0205-9000
Other Lawyers Sarcone, John (New York)
EE-NY-0205-9000

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