On August 9, 2004, plaintiff filed this putative class action lawsuit in the U.S. District Court for the Eastern District of New York, on behalf of all Hispanic and/or non-white refreshment concession personnel who were hired, employed or offered employment by the defendants, Restaurant Associates ...
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On August 9, 2004, plaintiff filed this putative class action lawsuit in the U.S. District Court for the Eastern District of New York, on behalf of all Hispanic and/or non-white refreshment concession personnel who were hired, employed or offered employment by the defendants, Restaurant Associates and RA Tennis Corp. The plaintiff sued the defendants, two New York corporations, under Title VII of the Civil Rights Act of 1964, and the New York State Human Rights Law. Represented by a private attorney, the plaintiff asked the court for damages and injunctive relief. The plaintiffs alleged that the defendants engaged in unlawful employment discrimination on the basis of national origin and race respecting the assignment of positions and locations to food vendors employed at the U.S. Open Tennis Tournament. Specifically, that the defendants were deliberately and overwhelmingly assigning beer wagons to non-Hispanic white people over other demographics.
Extensive settlement negotiations, supervised by the Court, did not result in a settlement. In December of 2005 plaintiff sought class certification, but before full briefing took place, settlement negotiations resumed and this time were successful. A class-wide settlement established a $90,000 settlement fund to be divided pro rata among non-white employees and employees of non-U.S. national origin who file claims, along with counsel fees of $50,000 and an incentive award to the named plaintiff of $7,500. Plaintiffs' counsel estimated that most class members suffered an individual wage loss of about $400.
After notice to the class and briefing, on July 28, 2006, U.S. District Court Judge Robert M. Levy issued a final approval order of the proposed settlement of this action. In the agreement of settlement, Restaurant Associates was to make payment of $90,000 to be distributed equally among the claimants within 30 days after the entry by the Court of the final order of approval. The named plaintiff in the case was to receive $7,500 dollars. This case is closed.
Saeeda Joseph-Charles - 11/13/2016
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