University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Krueger v. New York Telephone Co. EE-NY-0220
Docket / Court 93 Civ. 00178 (JGK) ( S.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On January 13, 1993, a group of former employees of New York Telephone Company age 40 or older filed a lawsuit under the Age Discrimination in Employment Act ("the ADEA"), the New York Human Rights Law ("the HRL"), and the Employee Retirement Income Security Act of 1974 ("ERISA") against ... read more >
On January 13, 1993, a group of former employees of New York Telephone Company age 40 or older filed a lawsuit under the Age Discrimination in Employment Act ("the ADEA"), the New York Human Rights Law ("the HRL"), and the Employee Retirement Income Security Act of 1974 ("ERISA") against defendants New York Telephone Company ("NYT") and NYNEX Corporation in the U.S. District Court for the Southern District of New York, Foley Square Division. The plaintiffs, represented by private counsel, asked the court for injunctive and declaratory relief, compensatory and punitive damages, and other appropriate legal and equitable relief, claiming that defendant NYT unlawfully discharged or otherwise discriminated against them and other similarly situated in the implementation of the NYNEX Force Management Plan ("FMP").

Between October 13, 1992 and December 11, 1992, NYT implemented a reduction in force (the "Fall 1992 RIF") discharging some 600 management employees. The Fall 1992 RIF was implemented in accordance with an approach described in the FMP, a plan designed by NYT's parent, NYNEX Corp. The basic procedure involved the creation of "banding entities" or "bands" comprised of similar employees. Under the FMP, employees within each band were to be evaluated by teams of NYT supervisors on the basis of two categories, "Added Value" and "Performance." Once evaluated, employees were rated as "Maximum, High, Medium, or Low" and ordered by seniority within each rating. The least senior employees with a Low rating was first eligible to be placed "at risk," and more senior employees with Low ratings would follow.

This lawsuit is mainly based on two provisions of the Fall 1992 RIF: First, NYT excluded from the banding process employees who had either (1) been hired within 2 years of the RIF; or (2) received a promotion within the past year; Second, evaluations of banded employees included whether the employee had been awarded an academic degree within the past 2 years. Plaintiffs claimed that because the employees who had been hired within the past 2 years or had received a degree were most likely to be people younger than 40, this was discriminating against older employees.

On July 21, 1993, the district court (Judge McKenna) granted the plaintiffs' motion for an order directing defendants to provide the names and addresses of all potential class members. On September 22, 1995, the district court (Judge Koeltl) granted the plaintiffs' motion for class certification, but denied the plaintiffs' motion to bifurcate the case.

On January 28, 1997, the court approved a settlement reached between the parties. However, because we cannot retrieve the settlement agreement, the details are unknown.

On April 18, 1997, the case was dismissed.

Kunyi Zhang - 09/03/2010


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Issues and Causes of Action
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Issues
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Age discrimination
Causes of Action Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001
State Anti-Discrimination Law
Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.
Defendant(s) New York Telephone Company
NYNEX Corporation
Plaintiff Description Plaintiffs were six former employees of New York Telephone Company age 40 or older.
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 Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 1997
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)
1:93−cv−00178 (S.D.N.Y.) 03/23/1998
EE-NY-0220-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 01/13/1993
EE-NY-0220-0001.pdf | Detail
Document Source: Westlaw
Memorandum and Order (Motion to Furnish Name and Address Granted) 07/21/1993 (1993 WL 276058 / 1993 U.S.Dist.LEXIS 9988) (S.D.N.Y.)
EE-NY-0220-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Opinion and Order (Class Action Certified) 09/22/1995 (163 F.R.D. 433) (S.D.N.Y.)
EE-NY-0220-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion and Order (Motion to Bifurcate Denied) 09/22/1995 (163 F.R.D. 446) (S.D.N.Y.)
EE-NY-0220-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Eaton, Douglas F. (S.D.N.Y.) [Magistrate]
EE-NY-0220-9000
Koeltl, John George (S.D.N.Y.)
EE-NY-0220-0002 | EE-NY-0220-0003 | EE-NY-0220-9000
McKenna, Lawrence M. (S.D.N.Y.)
EE-NY-0220-0004
Monitors/Masters None on record
Plaintiff's Lawyers Dunn, Ronald (New York)
EE-NY-0220-0001
Vladeck, Judith P (New York)
EE-NY-0220-0001 | EE-NY-0220-9000
Defendant's Lawyers Miklave, Matthew Thaddeus (New York)
EE-NY-0220-9000
Schenkel-Savitt, Susan (New York)
EE-NY-0220-9000
Other Lawyers None on record

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