University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States v. Rhode Island Department of Corrections EE-RI-0003
Docket / Court 1:14-cv-00078 ( D.R.I. )
State/Territory Rhode Island
Case Type(s) Equal Employment
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On February 10, 2014, the United States filed a lawsuit in the United States District Court of Rhode Island under 42 U.S.C. § 2000e-6 ("Title VII") against the Rhode Island Department of Corrections. The U.S. (the Employment Litigation Section of the Department of Justice Civil Rights Division), ... read more >
On February 10, 2014, the United States filed a lawsuit in the United States District Court of Rhode Island under 42 U.S.C. § 2000e-6 ("Title VII") against the Rhode Island Department of Corrections. The U.S. (the Employment Litigation Section of the Department of Justice Civil Rights Division), asked the court for an injunction preventing the Department of Corrections from using discriminatory hiring practices and ordering make-whole relief to those affected in the past by the discriminatory practices.

Since 2000, the Rhode Island Department of Corrections has used separate written and video examinations in their screening and selection of applicants for entry-level correctional officer positions. The written examination and video examination are conducted on the same day, and only applicants who pass both can be placed on an eligibility list for further consideration in the hiring process. They are placed on that list in a descending-rank order based on their examination scores. The plaintiff alleges that this process has had a statistically significant discriminatory impact on African American and Hispanic applicants.

On April 25, 2014, the defendants filed a motion to dismiss for failure to state a claim, and a hearing on that motion was held on August 5, 2014. As of October 21, 2014, the Court (Chief Judge William E. Smith) had not yet issued a ruling on the motion.

Claire Lally - 10/21/2014


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Issues and Causes of Action
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Issues
Defendant-type
Corrections
Jurisdiction-wide
Discrimination-area
Hiring
Testing
Discrimination-basis
National origin discrimination
Race discrimination
General
Disparate Impact
Pattern or Practice
National Origin/Ethnicity
Hispanic
Plaintiff Type
U.S. Dept of Justice plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Rhode Island Department of Corrections
Plaintiff Description United States
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
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)
1:14-cv-78 (D.R.I.) 08/22/2014
EE-RI-0003-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 02/10/2014 (2014 WL 540351)
EE-RI-0003-0001.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Motion to Dismiss 04/25/2014
EE-RI-0003-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Almond, Lincoln D. (D.R.I.) [Magistrate]
EE-RI-0003-9000
Smith, William E. (D.R.I.)
EE-RI-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Banaszak, Elizabeth Belle (District of Columbia)
EE-RI-0003-0001 | EE-RI-0003-9000
Geller, Clare F (District of Columbia)
EE-RI-0003-0001 | EE-RI-0003-9000
Kennebrew, Delora L. (District of Columbia)
EE-RI-0003-0001 | EE-RI-0003-9000
Lopez, Louis (District of Columbia)
EE-RI-0003-0001 | EE-RI-0003-9000
Neronha, Peter F. (Rhode Island)
EE-RI-0003-0001
Samuels, Jocelyn (District of Columbia)
EE-RI-0003-0001
Defendant's Lawyers Kelly, Neil F.X. (Rhode Island)
EE-RI-0003-0002 | EE-RI-0003-9000
Kelly, Kathleen (Rhode Island)
EE-RI-0003-9000
Kilmartin, Peter F. (Rhode Island)
EE-RI-0003-0002
Mullaney, Edward G. (Rhode Island)
EE-RI-0003-0002 | EE-RI-0003-9000
Partington, Rebecca Tedford (Rhode Island)
EE-RI-0003-0002 | EE-RI-0003-9000
Yaffee, Ariele (Rhode Island)
EE-RI-0003-0002 | EE-RI-0003-9000
Other Lawyers None on record

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