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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