University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Bradley v. City of Lynn EE-MA-0018
Docket / Court 1:05-10213 ( D. Mass. )
State/Territory Massachusetts
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On February 2, 2005, an African-American applicant for an entry-level firefighter position in the city of Lynn, Massachusetts filed a lawsuit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et. seq., the equal protection clause of the Fourteenth Amendment, and the consent decree ... read more >
On February 2, 2005, an African-American applicant for an entry-level firefighter position in the city of Lynn, Massachusetts filed a lawsuit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et. seq., the equal protection clause of the Fourteenth Amendment, and the consent decree issued in the case Boston Chapter NAACP v. Beecher with Human Resources Division of the Commonwealth of Massachusetts ("HRD") in the United States District Court of the District of Massachusetts.

The plaintiff, represented by private counsel, asked the court for both monetary damages and injunctive relief, charging the City of Lynn with discriminating against minorities in terms of selection and hiring.

On June 6, 2005, the defendant filed a motion for summary judgment. On November 7, 2005, the plaintiffs filed motion to certify the class. On December 6, 2005, the defendant's motion for summary judgment was denied, and further discovery proceeded.

On March 24, 2006, the Court (Judge Patti B. Saris) granted the plaintiff's motion for class certification, certifying two plaintiff classes: "all minorities (Black and Hispanic) who took the civil service examination for the position of fire fighter within the Commonwealth of Massachusetts in the years 2002 and 2004", and "all minorities (Black and Hispanic) who took the civil service examination for the position of police officer within the Commonwealth of Massachusetts in the years 2002 and 2004."

On August 8, 2006, the court (Judge Saris) ordered entry of judgment pursuant to trial in favor of the plaintiff class regarding liability under Title VII for the 2002 and 2004 fire fighter examinations. Furthermore, the court mandated that the plaintiff class submit a proposed remedy within 30 days.

After much deliberation, the parties presented a final settlement agreement on July 30, 2007. The settlement called for adjustment in future hiring policies, and also back pay including a total amount not to exceed $1,450,000 in full satisfaction of all claims. On August 23, 2007, the settlement was approved and the civil case was terminated. On August 27, 2007, the court (Judge Saris) issued an order of separate and final judgment, confirming that the issues of this case were settled and all remaining concerns were separate from the civil case.

Nathaniel Koslof - 04/24/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Defendant-type
Fire
Discrimination-area
Hiring
Discrimination-basis
Race discrimination
General
Pattern or Practice
Race
Black
Race, unspecified
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1981
Defendant(s) Human Resources Division of the Commonwealth of Massachusetts
Plaintiff Description All minorities who took the civil service examination for the position of fire fighter within the Commonwealth of Massachusetts in the years 2002 and 2004
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
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year n/a
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-10213 (D. Mass.) 03/12/2008
EE-MA-0018-9000 PDF | Detail
General Documents
Complaint 02/02/2005
EE-MA-0018-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Allowing Class Certification 03/24/2006 (D. Mass.)
EE-MA-0018-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order in favor of plaintiff 08/08/2006 (443 F.Supp.2d 145) (D. Mass.)
EE-MA-0018-0004 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Settlement Agreement 07/30/2007
EE-MA-0018-0002 PDF | Detail
Judges Saris, Patti B. (D. Mass.) [Magistrate]
EE-MA-0018-0003 | EE-MA-0018-0004 | EE-MA-0018-9000
Monitors/Masters Sorokin, Leo Theodore (Massachusetts)
EE-MA-0018-9000
Plaintiff's Lawyers Cohen, Nadine M. (Massachusetts)
EE-MA-0018-0002 | EE-MA-0018-9000
Gordon, Alfred (Massachusetts)
EE-MA-0018-0001 | EE-MA-0018-9000 | EE-MA-0018-9000
Lichten, Harold L. (Massachusetts)
EE-MA-0018-0001 | EE-MA-0018-9000
Liss-Riordan, Shannon E. (Massachusetts)
EE-MA-0018-0001 | EE-MA-0018-0002 | EE-MA-0018-9000
Selwyn, Mark D. (Massachusetts)
EE-MA-0018-9000
Defendant's Lawyers Cole, Victoria S. (Massachusetts)
EE-MA-0018-9000
Kehoe, Ronald F. (Massachusetts)
EE-MA-0018-0002 | EE-MA-0018-9000
Lamanna, James (Massachusetts)
EE-MA-0018-9000
Markopoulos, George S. (Massachusetts)
EE-MA-0018-9000
Shin, Sookyoung (Massachusetts)
EE-MA-0018-0002 | EE-MA-0018-9000
Other Lawyers McMahon, John F. (Massachusetts)
EE-MA-0018-9000

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