Hispanic Soc. of New York City Police Dept. Inc. v. New York City Police Dept.
| Decision Date | 08 December 1986 |
| Docket Number | No. 220,D,220 |
| Citation | 806 F.2d 1147 |
| Parties | 42 Fair Empl.Prac.Cas. 908, 42 Empl. Prac. Dec. P 36,718, 6 Fed.R.Serv.3d 930 The HISPANIC SOCIETY OF the NEW YORK CITY POLICE DEPARTMENT INC., Luis A. Salgado, William Morales, Manuel Torres, Valentin Neves, Jr., Individually and on behalf of all those similarly situated, the Guardians Association of the Police Department of the City of New York Inc., Gregory S. Williams, Robert McNair, Timothy Pearson, Individually and on behalf of all those similarly situated, Plaintiffs-Appellees, v. The NEW YORK CITY POLICE DEPARTMENT, Department of Personnel of the City of New York and the City of New York, Defendants-Appellees, Robert Hyman, Dennis Gallagher, Thomas Biscione, Timothy McCarthy, David Kondrup, Thomas Cody, Anthony Tesu, James Latuda, Richard Milla, Emerald Society of the Police Dept. of the City of New York Inc., Columbia Association of the Police Dept. of the City of New York Inc., Shomrim Society of the New York City Police Department Inc., St. Paul Society of the New York City Police Department Inc., Steuben Association of the Police Dept. of the City of New York Inc., Francis Shields, Michael Ward, Helene Rinaldi, Ferdinand Guerra and Peter Mahon, as President of Sergeants Benevolent Association and Sergeants Benevolent Association, Defendants-Intervenors-Appellees, v. Wayne COSTELLO, John Lanigan, Barbara Pichler, Christopher Matejov, Alan Fisher, Ron Mazone, Thomas Collins, Thomas McManus, William Lucas, Mary Donnelly, Gennaro J. Aiello, Anthony M. Lombardo, John Galvin, Phillip McNerney, James Muranelli, Richard Wojno, Guliano Schiozzi, Thomas E. Quinn, Dennis Casavillo, Charles Hart, David Veraja, John Houston, Patrick Castoro, James Collins, Lawrence Praino, Michael Siedel, Richard Frick, James Healy, Frank Gaetani, James Lien, Mark Eisenberg, William Moen, Wilson Padilla, Evelyn Marino, Arthur J. Rotella, Thomas Ruskin, John Russo, Patrick Russo, Barney Ryan, Thomas J. Ryan, Michael Ryder, Warren Sam, John Sassano, Mel Schwartz, Herbert Seigal, James |
| Court | U.S. Court of Appeals — Second Circuit |
Ronald Podolsky, New York City, for appellants.
Kenneth Kimberling, New York City (Linda Flores, Puerto Rican Legal Defense & Education Fund, Inc., New York City, of counsel), for plaintiffs-appellees Hispanic Society.
Robert David Goodstein, Goodstein and West, New Rochelle, N.Y., of counsel, for plaintiffs-appellees Guardians Ass'n.
Frederick A.O. Schwarz, Jr., Corp. Counsel, June A. Witterschein, Elizabeth Dvorkin, New York City, of counsel, for defendants-appellees.
Richard K. Walker, Bishop, Lieberman, Cook, Purcell & Reynolds, Washington, D.C., of counsel, for defendants-intervenors-appellees.
Before FEINBERG, Chief Judge, and WINTER and MAHONEY, Circuit Judges.
This appeal is from an order approving the settlement of a classwide claim of employment discrimination. It was argued at the same time as a companion case, Marino v. Ortiz, 806 F.2d 1144 (2d Cir.1986), which has also been decided this day. The underlying action, brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. Secs. 2000e-2 et seq. (1982), challenged a sergeants' examination administered by defendant-appellee New York City Police Department ("NYCPD"). The plaintiffs alleged that the examination had a disparate impact upon black and Hispanic candidates for promotion to the position of sergeant. The settlement approved by the district court called for the successive promotion of blacks and Hispanics who had taken the examination until the alleged disparate impact was eliminated. The appellants, who challenge the settlement as a violation of the fourteenth amendment, are said to be police officers who did not score high enough to be eligible for promotion but did as well or better than the blacks and Hispanics who have been promoted
pursuant to the consent decree. Because the appellants are not parties to this litigation, we dismiss their appeal.
During June 1983 and April 1984, the NYCPD administered Civil Service Examination No. 2548 to 11,899 candidates for promotion to the rank of sergeant. After scoring the exam, the NYCPD set a cut-off point that produced a list of 1,041 police officers eligible for promotion. The racial/ethnic composition of the group taking the exam was 79.0% white, 12.3% black, and 8.7% Hispanic; the breakdown of the eligible list derived from the test scores was 93.47% white, 2.31% black, and 4.23% Hispanic.
In late 1984, the Hispanic Society, representing Hispanic police officers, and the Guardians Association, representing black officers, filed separate actions in the Southern District against NYCPD and various city officials, alleging employment discrimination in violation of Title VII and other provisions. 1 The complaints alleged that the examination had a disparate impact on black and Hispanic applicants and was not job related. Three groups were permitted to...
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