University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States v. City of Dayton, Ohio EE-OH-0112
Docket / Court 3:08-cv-00348-TMR ( S.D. Ohio )
State/Territory Ohio
Case Type(s) Equal Employment
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On September 26, 2008, the United States filed this lawsuit in the United States District Court of the Southern District of Ohio under Title VII of the Civil Rights Act of 1964, against the City of Dayton. The U.S. Department of Justice Civil Rights Division and the United States Attorney's Office ... read more >
On September 26, 2008, the United States filed this lawsuit in the United States District Court of the Southern District of Ohio under Title VII of the Civil Rights Act of 1964, against the City of Dayton. The U.S. Department of Justice Civil Rights Division and the United States Attorney's Office sought an injunction preventing the Dayton Police and Fire Departments from using discriminatory hiring practices and ordering relief to those affected in the past by the discriminatory practices.

The claim was based on the disparate impact caused by two challenged practices: The first, operative beginning 2006, was that the City of Dayton Police Department used a written examination for hiring firefighters, with applicants who passed placed on an eligibility list in descending-rank order. The second, beginning in 2004, was that the Fire Department increased firefighter prerequisites to include various certifications not previously required. Both practices had a statistically significant discriminatory impact, decreasing the number of African-American candidates.

The matter quickly settled, and on February 26, 2009, the parties jointly moved for the entry of a consent decree. On April 14, 2009 the Court (Judge Thomas M. Rose) granted the Fraternal Order of Police, Captain John C. Post Lodge 44, and the International Association of Firefighters Local 136 permission to intervene as defendants, who then objected to the consent decree. 2009 WL 996383. Their objections were overruled and the consent decree was approved by the Court on November 30, 2009. The consent decree ordered the city to cease using the stated discriminatory hiring practices and develop, with oversight by the United States, new, non-discriminatory hiring practices. The decree also required that the city identify, by fairness hearings, those applicants affected by the discriminatory hiring practices who were eligible to receive: monetary relief, from a fund of $450,000 from the city; placement on a priority hiring list; and the potential for retroactive seniority if hired.

Multiple fairness hearings were held regarding the consent decree and individual relief, and on August 5, 2010, the Court approved an individual relief list submitted by the United States. On May 13, 2013, the Court granted a motion to extend the portions of the consent decree related to developing new hiring procedures for police officers and terminated the rest of the consent decree. On November 26, 2013 the consent decree was terminated and the action dismissed.

Claire Lally - 10/22/2014


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Issues and Causes of Action
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Issues
Content of Injunction
Comply with advertising/recruiting requirements
Follow recruitment, hiring, or promotion protocols
Hire
Monitoring
Other requirements regarding hiring, promotion, retention
Retroactive Senority
Utilize objective hiring/promotion criteria
Defendant-type
Fire
Jurisdiction-wide
Law-enforcement
Discrimination-area
Hiring
Testing
Discrimination-basis
Race discrimination
General
Disparate Impact
Pattern or Practice
Plaintiff Type
U.S. Dept of Justice plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) City of Dayton
City of Dayton
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 Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2009 - 2013
Case Closing Year 2013
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)
3:08-cv-348 (S.D. Ohio) 11/26/2013
EE-OH-0112-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/26/2008 (2008 WL 5374339)
EE-OH-0112-0001.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Joint Motion for Provisional Entry of Consent Decree and Scheduling of Fairness Hearing 02/26/2009
EE-OH-0112-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Entry and Order Granting in Part Motion of Fraternal Order of Police, Captain John C. Post Lodge 44 and International Association of Firefighters Local 136 to Intervene as Defendants 04/14/2009 (2009 WL 996383) (S.D. Ohio)
EE-OH-0112-0002.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Entry and Order Overruling Objections of Fraternal Order of Police, Captain John C. Post Lodge 44 and International Association of Firefighters Local 13, and Individual Intervenors, and Approving Consent Decree 11/30/2009 (S.D. Ohio)
EE-OH-0112-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Joint Motion for Partial Extension of the Consent Decree 05/10/2013
EE-OH-0112-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Rose, Thomas M. (S.D. Ohio)
EE-OH-0112-0002 | EE-OH-0112-0003 | EE-OH-0112-9000
Monitors/Masters None on record
Plaintiff's Lawyers Banaszak, Elizabeth Belle (District of Columbia)
EE-OH-0112-0004 | EE-OH-0112-9000
Becker, Grace Chung (District of Columbia)
EE-OH-0112-0001
Burrell, Meredith (District of Columbia)
EE-OH-0112-0005 | EE-OH-0112-9000
Embrey, Diana L. (District of Columbia)
EE-OH-0112-0001 | EE-OH-0112-0005
Gadzichowski, John M. (District of Columbia)
EE-OH-0112-0005
Goldberg, Dale Ann (Ohio)
EE-OH-0112-0001 | EE-OH-0112-9000
Kennebrew, Delora L. (District of Columbia)
EE-OH-0112-0004
King, Loretta (District of Columbia)
EE-OH-0112-0005
Lander, Esther G. (District of Columbia)
EE-OH-0112-0004 | EE-OH-0112-9000
Lockhart, Gregory G. (Ohio)
EE-OH-0112-0001
Mukasey, Michael B. (New York)
EE-OH-0112-0001 | EE-OH-0112-9000
Perez, Thomas E. (District of Columbia)
EE-OH-0112-0004
Thawley, Barbara E (District of Columbia)
EE-OH-0112-0001 | EE-OH-0112-0005 | EE-OH-0112-9000
Defendant's Lawyers Bonfield, Patrick Joseph (Ohio)
EE-OH-0112-9000
Danish, John J. (Ohio)
EE-OH-0112-0004 | EE-OH-0112-0005 | EE-OH-0112-9000
Doll, John Robert (Ohio)
EE-OH-0112-9000
Jansen, Susan D. (Ohio)
EE-OH-0112-9000
Musto, John C. (Ohio)
EE-OH-0112-0004 | EE-OH-0112-0005 | EE-OH-0112-9000
Other Lawyers None on record

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