On July 30, 1993, African American employees of South Central Bell filed a lawsuit under Title VII, 42 U.S.C. § 2000e and 42 U.S.C. § 1981, against their employer in the United States District Court for the Northern District of Alabama. The plaintiffs, represented by private counsel, asked the ...
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On July 30, 1993, African American employees of South Central Bell filed a lawsuit under Title VII, 42 U.S.C. § 2000e and 42 U.S.C. § 1981, against their employer in the United States District Court for the Northern District of Alabama. The plaintiffs, represented by private counsel, asked the court for injunctive and compensatory relief, claiming that South Central Bell had discriminated against them on the basis of their race. Specifically, Plaintiffs claimed that Defendant's use of the Technical Telephone Ability Battery (T-Tab) test had an adverse impact on Defendant's African American employees, that the test was not validated, and that the test was not justified by business necessity.
The Court (Judge U.W. Clemon) certified the class on October 25, 1994. and
On March 30, 2001, the Court denied a motion by another employee to intervene in the case because it was untimely. The class was defined as "all African Americans who, at any time since September 2, 1990, have taken and failed to pass the Technical Telephone Ability Battery (T-Tab) Test administered by defendant South Central Bell."
The case was bifurcated for trial, and the Court issued its opinion regarding liability on September 10, 2002. The Court found that the T-Tab test had an adverse impact on black employees, that the test was not related to job performance, and that Defendant failed to consider alternative selection methods that would have caused a less adverse impact.
On February 7, 2003, the Court dismissed the case, without prejudice to the right of the parties to present the Court a proposed consent decree no later than March 1, 2003.
The parties filed a Joint Motion and Stipulation concerning the proposed Settlement Agreement on March 13, 2003.
The Court issued an Order preliminarily approving the proposed settlement agreement on March 17, 2003. Defendant agreed to pay $6,000,000 to Plaintiffs. The settlement fund was to be allocated among the class members. Defendant also agreed to pay Plaintiffs' attorneys' fees and costs.
The Court issued final approval of the parties' settlement agreement on June 6, 2003. The Settlement deals only with the monetary award, but the Defendants stopped using the test in 1995 during the litigation.Haley Waller - 11/13/2010