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Case Name Ebbert v. Nassau County EE-NY-0209
Docket / Court 05-CV-5445 (FB) (AKT) ( E.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On November 18, 2005, Plaintiffs, all women, filed a lawsuit against the Nassau County Police Department in the U.S. District Court for the Eastern District of New York, alleging violations of the federal Equal Pay Act ("EPA"), 29 U.S.C. § 206(d), the New York State Equal Pay Act ("NYEPA"), N.Y. ... read more >
On November 18, 2005, Plaintiffs, all women, filed a lawsuit against the Nassau County Police Department in the U.S. District Court for the Eastern District of New York, alleging violations of the federal Equal Pay Act ("EPA"), 29 U.S.C. § 206(d), the New York State Equal Pay Act ("NYEPA"), N.Y. Lab. Law § 194, and 42 U.S.C. § 1983. Plaintiffs, represented by private counsels, sought to have their claims designated as part of a collective and class action suit, requested a permanent injunction against Defendants for violating the Equal Pay Act and state law, and also sought promotion and benefits, liquidated damages, compensatory and punitive damages, and attorneys' fees, expenses, and costs. Specifically, Plaintiffs alleged that Defendants discriminated against them by paying them wages substantially lower than those wages given to men doing equal work.

Plaintiffs compared their salaries to those of the all-male force of approximately 32 Fire Communication Technicians ("FCTs") and Fire Communication Technician Supervisors ("FCTSs"). They alleged that the County's Police Communications Officers ("PCOs") and Police Communications Officer Supervisors ("PCOSs") are paid less than its FCTs and FCTSs for substantially equal work. Over 90% of PCOs and PCOSs are women; 100% of FCTs and FCTSs are men. According to Plaintiffs, no woman has ever been employed as an FCT or FCTS. The pay scales for all four positions are determined by Nassau County's civil service grade ranking system. Within each grade, there are steps which correlate to seniority and compensation.

On August 09, 2009, the Court (Judge Frederic Block) granted Plaintiffs' motion to certify class.

Defendants moved for summary judgment in April 2007. On March 31, 2009, in a published opinion, the Court (Judge Frederic Block) granted Defendants' motion for summary judgment with respect to Plaintiffs' 42 U.S.C. § 1983 claim, while denying the motion with respect to the Plaintiffs' other claims.

From July 2010, the parties went into settlement discussions regarding the remaining claims. On June 09, 2011, Plaintiffs filed a Motion for Preliminary Approval of Class Settlement. According to the Settlement Agreement, Defendants agreed to a $7 million payment to resolve female police communications officers' allegations that they were paid less than men in equivalent jobs. On December 22, 2011, the Court (Magistrate Judge A. Kathleen Tomlinson) granted the approval of the class action settlement in a Final Order.

Xin Chen - 01/21/2012


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Issues and Causes of Action
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Issues
Affected Gender
Female
Defendant-type
Law-enforcement
Discrimination-area
Demotion
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Promotion
Seniority
Discrimination-basis
Sex discrimination
General
Disparate Treatment
Pattern or Practice
Plaintiff Type
Private Plaintiff
Causes of Action State law
Equal Pay Act, 29 U.S.C. § 206(d)
42 U.S.C. § 1983
Defendant(s) Nassau County Police Department
Plaintiff Description Women employed by the Nassau County Police Department as police communication officers and operators on or any time on or after three or six years prior to the commencement of this action who were paid less than comparably employed men.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2012
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)
1:05-CV-05445 (E.D.N.Y.) 01/13/2012
EE-NY-0209-9001 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 05/29/2007
EE-NY-0209-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order on Class Certification 08/09/2007 (2007 WL 2295581) (E.D.N.Y.)
EE-NY-0209-0003 PDF | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment 07/25/2008
EE-NY-0209-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order granting in part and denying in part Defendants' Motion for Summary Judgment 03/31/2009 (2009 WL 935812) (E.D.N.Y.)
EE-NY-0209-0008 PDF | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Memorandum of Law in Support of their Motion for Preliminary Approval of Class Settlement 06/09/2011
EE-NY-0209-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Final Order and Judgment 12/22/2011 (2011 WL 6826121) (E.D.N.Y.)
EE-NY-0209-0007 PDF | WESTLAW | Detail
Document Source: Westlaw
Judges Block, Frederic (E.D.N.Y.)
EE-NY-0209-0003 | EE-NY-0209-0008 | EE-NY-0209-9001
Tomlinson, A. Kathleen (E.D.N.Y.) [Magistrate]
EE-NY-0209-0007
Monitors/Masters None on record
Plaintiff's Lawyers Eisenberg, Herbert (New York)
EE-NY-0209-0001 | EE-NY-0209-0005 | EE-NY-0209-0006 | EE-NY-0209-9001
Goodman, Janice (New York)
EE-NY-0209-0001 | EE-NY-0209-9001
Defendant's Lawyers Chartan, Lauren (New York)
EE-NY-0209-9001
Famighetti, Peter (New York)
EE-NY-0209-9001
Rogers, Jennean (New York)
EE-NY-0209-9001
Sandel, Carl S. (New York)
EE-NY-0209-9001
Van Riper, Barbara E (New York)
EE-NY-0209-9001
Other Lawyers None on record

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