On July 7, 2000, temporary employees of the City of Wilmington filed this class action lawsuit in the U.S. District Court for the District of Delaware. The plaintiffs sued the City of Wilmington under 42 U.S.C. § 1981, 42 U.S.C. § 1983, and the Wilmington City Charter. The plaintiffs, represented by private counsel, asked the court for monetary relief and injunctive relief.

Specifically, the plaintiffs alleged that the City denied city workers benefits including health care, pensions, life insurance, paid holidays, paid vacations, and paid sick days by replacing permanent city employees with temporary employees. The plaintiffs alleged that the City's decision violated the Constitution because the replacement had no rational basis beyond saving money.

On August 24, 2001, the parties notified Judge Gregory M. Sleet that a settlement had been reached. The settlement stated that the City of Wilmington would pay $210,000 in monetary relief to be distributed across all class members of the case. As the case moved forward the city had changed its temporary worker policy, negating the need for injunction relief.

On August 26, 2002, Judge Sleet found the proposed settlement fair and reasonable.

On September 4, 2002 a new plaintiff requested to participate in the settlement. On September 30, 2002 Judge Sleet ordered all individuals who filed claims forms on or before September 20, 2002 were eligible for participation in the plaintiffs’ case. 2002 WL 1998376. There has been no further activity, and the case now appears closed.

Gabriela Hybel - 10/10/2016


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