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Case Name Smith v. City of Boston EE-MA-0025
Docket / Court 1:12-cv-10291-WGY ( D. Mass. )
State/Territory Massachusetts
Case Type(s) Equal Employment
Attorney Organization EEOC
Case Summary
On February 14, 2012, a group of minority Boston City police officers filed suit under Title VII of the Civil Rights Act of 1964 against the City of Boston, alleging that police promotional exams used in 2008 to promote sergeants to lieutenants discriminated against black and latino officers ... read more >
On February 14, 2012, a group of minority Boston City police officers filed suit under Title VII of the Civil Rights Act of 1964 against the City of Boston, alleging that police promotional exams used in 2008 to promote sergeants to lieutenants discriminated against black and latino officers. Plaintiffs contended that the multiple-choice examinations used were unfairly biased against minority candidates and failed to measure certain other job-related skills (for example, interpersonal skills) that are necessary for the position of lieutenant.

The case was originally assigned to Judge Joseph L. Tauro of the U.S. District Court for the District of Massachusetts. Various extensions of time and stays were granted. On December 26, 2013, Judge Tauro took senior status and was replaced on the case by Judge William G. Young.

In January 2014, Judge Young set a trial date for December 2014.

The bench trial began on December 15, 2014, and concluded on January 7, 2015. In May 2015, both parties submitted post-trial briefs with proposed findings of fact. On November 16, 2015, Judge Young issued his decision, ruling that the 2008 promotional exam did unfairly disadvantage minority candidates and was insufficiently job-related to survive scrutiny under Title VII of the Civil Rights Act of 1964.

On February 1, 2016, before beginning a jury trial for damages, both parties agreed to enter mediation with goal of settling upon appropriate remedies and damages. The assigned meditator, Judge Robert B. Collings, filed a report on June 9, 2016, stating that the parties did not settle. Settlement negotiations were complicated by the First Circuit Court of Appeals ruling in May 2016 in the related case of Lopez v. City of Lawrence, which held that the 2008 police promotional exams did not violate Title VII.

As a result, the plaintiffs and defendant jointly sought interlocutory review. Judge Young granted this motion, and certified the question to the First Circuit on July 9, 2016.

The case is pending.

Ian Sander - 10/09/2016


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Issues and Causes of Action
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Issues
Discrimination-area
Promotion
Discrimination-basis
Race discrimination
EEOC-centric
Intervention in Private Suit
General
Disparate Impact
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action State Anti-Discrimination Law
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) City of Boston
Plaintiff Description Minority police officers denied promotion based on alleged discriminatory promotional exam.
Indexed Lawyer Organizations EEOC
Class action status sought Yes
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Unknown
Filing Year 2012
Case Ongoing Yes
Docket(s)
1:12−cv−10291−WGY (D. Mass.)
EE-MA-0025-9000.pdf | Detail
Date: 07/09/2016
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint, Compensatory, Injunctive and Declaratory Relief Requested [ECF# 1]
EE-MA-0025-0006.pdf | Detail
Date: 02/14/2012
Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint, Compensatory, Injunctive and Declaratory Relief Requested [ECF# 14]
EE-MA-0025-0001.pdf | Detail
Date: 09/04/2012
Source: PACER [Public Access to Court Electronic Records]
Bench Trial Transcript [ECF# 167]
EE-MA-0025-0002.pdf | Detail
Date: 02/19/2015
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Post-Trial Brief on Equally Valid But Less Discriminatory Alternatives and Incorporating Findings of Fact and Conclusions of Law [ECF# 191]
EE-MA-0025-0005.pdf | Detail
Date: 05/04/2015
Source: PACER [Public Access to Court Electronic Records]
Finding of Fact, Rulings of Law, and Order [ECF# 199] (144 F.Supp.3d 177) (D. Mass.)
EE-MA-0025-0003.pdf | WESTLAW| LEXIS | Detail
Date: 11/16/2015
Source: PACER [Public Access to Court Electronic Records]
Amended Order [ECF# 228] (D. Mass.)
EE-MA-0025-0004.pdf | Detail
Date: 07/09/2016
Source: PACER [Public Access to Court Electronic Records]
Judges Young, William G. (D. Mass.)
EE-MA-0025-0002 | EE-MA-0025-0003 | EE-MA-0025-0004 | EE-MA-0025-9000
Plaintiff's Lawyers Churchill, Stephen S (Massachusetts)
EE-MA-0025-0001 | EE-MA-0025-0002 | EE-MA-0025-0005 | EE-MA-0025-0006 | EE-MA-0025-9000
Lichten, Harold L. (Massachusetts)
EE-MA-0025-0001 | EE-MA-0025-0002 | EE-MA-0025-0005 | EE-MA-0025-0006 | EE-MA-0025-9000
Smolik, Sara E (Massachusetts)
EE-MA-0025-0001 | EE-MA-0025-0006 | EE-MA-0025-9000
Weber, Benjamin (Massachusetts)
EE-MA-0025-0002 | EE-MA-0025-0005 | EE-MA-0025-9000
Defendant's Lawyers Bok, Geoffrey R. (Massachusetts)
EE-MA-0025-0002 | EE-MA-0025-9000
Condon, Amy E. (Massachusetts)
EE-MA-0025-9000
Hodge, Kay H (Massachusetts)
EE-MA-0025-0002 | EE-MA-0025-9000
Simon, John M (Massachusetts)
EE-MA-0025-0002 | EE-MA-0025-9000
Taub, Nicole I. (Massachusetts)
EE-MA-0025-9000
Other Lawyers Quinan, Robert L. Jr. (Massachusetts)
EE-MA-0025-9000

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