In 1996, the NAACP and several individuals filed a class action lawsuit in New Jersey state court against the New Jersey State Police alleging unlawful employment practices in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§2000e et seq., as amended and state law. The ...
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In 1996, the NAACP and several individuals filed a class action lawsuit in New Jersey state court against the New Jersey State Police alleging unlawful employment practices in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§2000e et seq., as amended and state law. The gravamen (essence) of plaintiffs' complaint as amended was that African-Americans and Hispanics applicants for employment to the New Jersey State Police were subjected to discrimination in the recruitment, application, and hiring practices. Such discrimination included a requirement that applicants possess a college education and the use of an entry-level written examination known as the Law Enforcement Candidate Record (LECR). Plaintiffs maintained that those requirements caused a disparate impact on the African-American and Hispanic class members.
Shortly after filing the complaint, plaintiffs filed a motion for admission pro hac vice of attorneys David L. Rose and Joshua N. Rose. The State Police opposed the motion on the ground that there was an appearance of impropriety with respect to David Rose's involvement because he may have gained knowledge concerning the LECR during his prior employment as Chief of the Employment Litigation Section of the United States Department of Justice. The Trial Court denied the motion for admission. Plaintiffs filed a second motion for admission and proposed that Richard T. Seymour would represent plaintiffs in the attack on the LECR and that David Rose and Joshua Rose would handle the remaining claims. The Trial Court admitted Mr. Seymour, but again denied admission to attorneys David Rose and Joshua Rose. Plaintiffs appealed.
The Appellate Court reversed, holding that David Rose's involvement with the LECR ten or more years earlier did not warrant denial of admission pro hac vice. N.A.A.C.P. v. State, Dept of Law, 711 A.2d 1355 (N.J.Super.A.D. 1998).
Thereafter, the parties arrived at a settlement of the action and Judge Neil H. Shuster entered a consent order resolving class and individual claims in March 2000. The consent order called for the State Police to implement reforms in its employment practices. The reforms included the elimination of the college education requirement for at least three years, depending upon its compliance with targeted recruitment ratios; replacing it with the requirement that applicants have either (1) a four-year college degree or (2) an Associate's degree - or the successful (i.e. "C" average) completion of sixty college credit hours - plus at least two years of experience. The State Police also agreed to change its examination procedure and select an alternative examination that had the least adverse impact against African-Americans or against Hispanics candidates. Dan Dalton - 12/29/2006