See also: Race and Sex Discrimination

     Eighth Circuit upholds the validity of fire dept. promotional exams that resulted in lower scores for black candidates. The city produced more than 26 large boxes of documents in discovery. Stewart v. City of St. Louis, #07-2548, 2008 U.S. App. Lexis 15100 (8th Cir.). Prior opinions at 2007 U.S. Dist. Lexis 38473 and 38421 (E.D. Mo.), 2006 U.S. Dist. Lexis 6383 and 38157, 220 F.3d 898 (8th Cir. 2000).
     In a race discrimination lawsuit, the D.C. Circuit upholds a reorganization of the D.C. Police canine squads after management noticed that one squad was the source of 11 of the 17 total dog bites for all four squads that year, and that all but one of the officers on that squad were Caucasian and all of the people that had been bitten were African American. "Although race may have played a role in the reorganization, we agree with the District that a reasonable jury could not conclude, as the officers contend, that the justifications for the reorganization proffered by the District were but pretexts for racial discrimination." Ginger v. Dist, of Columbia, #07-7054, 008 U.S. App. Lexis 12335 (D.C. Cir.).
     Federal appeals court rejects the complaints of a black warden. Management had legitimate and non-retaliatory reasons for promoting whites that were more qualified. Watkins v. Texas Dept. of Crim. Justice, #06-20843, 2008 U.S. App. Lexis 5401 (Unpub. 5th Cir. 2008).
     Federal court finds sufficient evidence to allow a jury to find that the fire lieutenant promotion exam intentionally was designed to discriminate against African Americans, Men of Color Helping All Society v. City of Buffalo, #98-CV-99C, 2008 U.S. Dist. Lexis 8880; 2007 U.S. Dist Lexis 93075, 93066, 93064 and 83544 (W.D.N.Y.).
     In a discrimination action where three black university police officers claimed that assignment to the East St. Louis campus was a materially adverse employment action, the Seventh Circuit -- citing O'Neal v. City of Chicago, #04-1402, 392 F.3d 909 (7th Cir. 2004) -- rejected their claims. The assignment did not affect their salary, perks, or opportunities for future advancement. Nichols v. So. Ill. Univ., #06-2688, 102 FEP Cases (BNA) 519, 2007 U.S. App. Lexis 29865 (7th Cir.), affirming 432 F.Supp.2d 798.
     Appellate court affirms the dismissal of a discrimination suit filed by an air marshal who was suspended from a training class for a firearms safety violation and then terminated. Mariani-Colon v. Dept. of Homeland Security, #06-2468, 2007 U.S. App. Lexis 29233 (1st Cir.).
     Fifth Circuit rejects the discrimination and retaliation claims raised by a black, female, former police lieutenant. A white officer twice threw wadded-up paper and repeatedly mocked her. After commenting negatively about the city's treatment of blacks, she made a remark that she would "take care of it" herself. A superior took her gun and placed her on paid administrative leave; she then retired. The appellate panel concluded that she failed to prove that the city created a hostile work environment that resulted in her constructive discharge, and that a reasonable employee in her position would not have felt compelled to resign or retire. McCoy v. City of Shreveport, 2007 U.S. App. Lexis 16582, 100 FEP Cases (BNA) 1812 (5th Cir.).
     Federal appeals panel affirms the denial of a motion to dismiss a black jail employee's race discrimination and freedom of association claims. She alleged that she had been disciplined and terminated because she had dated white men and became pregnant by a white man. Lawson v. Curry, #07-10474, 2007 U.S. App. Lexis 19145 (Unpub. 11th Cir.).
     In a disparate treatment claim in a Title VII action challenging Highway Patrol promotions, the Ninth Circuit affirmed a holding that the plaintiff's statistical expert's data was of questionable validity. Paige v. St. of Calif., #05-56061, 2007 U.S. App. Lexis 12050 (Unpub. 9th Cir.).
    Federal court rejects bias claims brought by African-American firefighters that scored poorly on promotional exams. There was overwhelming evidence that the captain examination was job-related and consistent with business necessity. Stewart v. City of St. Louis, #4:04CV00885, 2007 U.S. Dist. Lexis 38421 and 38473 (E.D. Mo. 2007)
    In a Title VII race bias action, the mere fact that job assignments are discretionary does not equate to a prima facie case of discrimination. West v. Hudson Co. Corr. Center, #06-2523, 2007 U.S. App. Lexis 9672 (Unpub. 3rd Cir.).
     In a "Less pay for equal work" lawsuit, a $38,011,066 race discrimination verdict is overturned by a California appellate court. Although 70 percent of all county security police officers are minority members and 30 percent are Caucasian, the percentages are reversed in the sheriff's dept., where officers are better paid, "That differentiation, by itself, does not establish racial discrimination, and plaintiffs failed to present evidence that the pay disparity is the product of racial discrimination." Frank v. Co. of Los Angeles, #B169427, 2007 Cal. App. Lexis 530 (2d App. Dist.).
     Federal appeals panel rejects the discrimination claims brought by a minority Dept. of Corrections employee that sought promotion to an internal affairs investigator position. Management made a mistake in grading her qualifications, which was not the result of discrimination, and offered her the position with retroactive pay differential. The fact that management declined to offer her more than the standard pay rate for the position sought was not an adverse or discriminatory personnel action. Fair v. Norris, #06-1580, 2007 U.S. App. Lexis 7059 (8th Cir.).
     In an action challenging a fire dept. promotional exam, disproportionate rankings, standing alone, do not support an equal protection claim. Bolton v. City of Bridgeport, #3:04cv670, 2006 U.S. Dist. Lexis 93863 (D. Conn.). [N/R]
     Statistical evidence of a racial disparity in state police hiring practices did not establish a prima facie disparate impact case under Title VII. There was no proof that a policy of automatically disqualifying applicants with a criminal record caused the disparity. Foxworth v. Penn. St. Police, #05-5571, 2007 U.S. App. Lexis 2230 (Non-Precedential,. 3rd Cir.). [N/R]
     DEA did not discriminate against a rejected minority applicant when it declined to hire him because a background check revealed immaturity and he received a marginal rating on a psychological evaluation. The DEA had legitimate, nondiscriminatory reasons for not hiring the applicant. Hunt v. Gonzales, #06-10375, 2007 U.S. App. Lexis 1962 (Unpub. 11th Cir. 2007). [N/R]
     Federal appeals court rejects a suit filed by black police officers that complained that a sergeant's exam had a disparate impact; they failed to prove that a job performance-based system was less discriminatory than the test that was used. Adams v. City of Chicago, #05-4145, 2006 U.S. App. Lexis 28348 (7th Cir. 2006). {N/R}
     Eighth Circuit rejects the discrimination complaints made by a black sergeant who alleged that he was denied promotions, training, and equal pay because of his race. Isolated comments about his hairstyle did not constitute specific, tangible evidence of discrimination. The successful white candidates scored higher than he did. Gammon v. Flowers, #06-1829, 2006 U.S. App. Lexis 29087 (8th Cir. 2006); 2006 U.S. Dist. Lexis 13947, affirmed (E.D. Ark.). {N/R}
     Federal court rejects discrimination claim. The plaintiff was not similarly situated to the person selected as deputy chief of police. The successful candidate had higher education qualifications and the plaintiff had received disciplinary action in the past. Diaz v. City of Inkster, 2006 U.S. Dist. Lexis 83733 and 53456 (E.D. Mich. 2006). {N/R}
     Refusal to allow a minority employee to leave early one day a month was not unlawful discrimination, even if management allowed a single white worker, who had different job responsibilities, to do so. Wills v. PRECC, #5:05CV-15, 2006 U.S. Dist. Lexis 72489 (W.D. Ky. 2006). {N/R}
     Federal court dismisses a race discrimination claim brought by a terminated probationary peace officer. He was absent without leave and failed to complete training. Payton v. City Univ. of N.Y., 03 Civ. 8536, 2006 U.S. Dist. Lexis 70182 (S.D.N.Y. 2006). {N/R}
     DHS did not discriminate against an acting assistant director because of her race and age when management selected a younger, white woman for the position. The agency proffered a non-discriminatory reason for its decision. Barnette v. Chertoff, # 04-5443, 2006 U.S. App. Lexis 16948, 98 FEP Cases (BNA) 609 (D.C. Cir. 2006). {N/R}
     Federal court upholds jury award of backpay and damages for emotional injury in a suit filed by a part-time white officer who claimed he was fired for supporting the black police chief. Swanson v. City of Bruce, #3:00CV194, 2006 U.S. Dist. Lexis 16107 (N.D. Miss. 2006). [2006 FP Aug]
     Seventh Circuit upholds a summary judgment for a sheriff's dept. where the plaintiffs were unable to prove that they were treated differently because of their race. Scaife v. Sheahan, #04-2966, 2006 U.S. App. Lexis 11580 (7th Cir. 2006).{N/R}
     Binding arbitration of a promotions procedures dispute did not apply to the a fire dept. that had years of intentional and unintentional discrimination against minorities and women, and would interfere with the city's duty to end biased promotional practices. San Fran. Fire Fighters L-798 v. C&C of San Francisco, #S131818, 2006 Cal. Lexis 5932 (Cal. 2006). {N/R}
     DoJ settles a lawsuit against the Virginia Beach Police Dept. The city had used a mathematics test to screen applicants where only 59% of African American applicants and 66% of Hispanic applicants passed, as opposed to 85% of the white applicants. U.S. v. Virginia Beach, #2:06-cv-00189, 44 (2153) G.E.R.R. (BNA) 422 (E.D. Va. 2006). {N/R}
     Cleveland settles a harassment and discrimination suit filed by 32 black firefighters for $650,000; 15 plaintiffs will be promoted immediately. Luke v. City of Cleveland, 1:02-cv-01225, 44 (2150) G.E.R.R. (BNA) 340, Settlement & dismissal order, Doc. #496 (N.D. Ohio 03/14/2006). {N/R}
     Black applicant for the Pennsylvania State Police who was rejected because of an expunged criminal conviction loses his for race discrimination claim. Management's refusal to hire him because of a theft of $4,000 six years earlier was a legitimate reason for rejection. Foxworth v. Pennsylvania State Police, #03-CV-6795, 2005 U.S. Dist. Lexis 33639 (E.D. Pa. 2005). {N/R}
     Black corrections officer who was fired for failing to call in every day while awaiting a medical examination did not prove that the reason for his discharge was pretextual. A jury's finding of racial discrimination was not supported by the evidence, and must be overturned. McFadden v. Texas Dep't of Criminal Justice, #04-50712, 128 Fed. Appx. 347, 2005 U.S. App. Lexis 5348(5th Cir. 2005); cert. den., #05-47, 2005 U.S. Lexis 8583 (2005). {N/R}
     Federal appeals court rejects a discrimination complaint filed by a black criminal investigator who was fired for not having a valid security clearance. The clearance failure was based on an untruthful job application. Relying on Ryan v. Reno, 168 F.3d 520 (D.C. Cir. 1999), the panel held that adverse employment action that is based on the denial or revocation of a security clearance is not actionable under the Civil Rights Act of 1964. Bennett v. Chertoff, #04-5281, 425 F.3d 999, 2005 U.S. App. Lexis 22382 (D.C. Cir. 2005). {N/R}
     Justice Dept. and Delaware State Police settle race discrimination lawsuit. Delaware must provide a total of $1,425,000 to qualified African-American applicants who were rejected for trooper positions between 1992 and 1998 because of a biased written examination. Up to 12 rejected applicants will receive priority job offers with retroactive seniority and pension benefits. U.S. v. Delaware, #01-020 (D.Del. 2005); interim rulings at 2005 U.S. Dist. Lexis 16412, 2004 U.S. Dist. Lexis 4560, and 2003 U.S. Dist. Lexis 8588. {N/R}
     Second Circuit holds that a rejected applicant for state trooper failed to demonstrate that an oral exam was discriminatory; it was carefully graded by a team of two graders, one of whom was African-American and the interview team passed eight out of twelve African-American applicants on the oral exam. Coger v. Conn. Dept. Pub. Sfty., #04-1886, 2005 U.S. App. Lexis 15802 (Unpub. 2nd Cir. 2005). {N/R}
     The state secrets privilege was sufficient grounds to dismiss a race discrimination lawsuit brought against the CIA by an African American operations officer. Attempts by a court to safeguard Agency secrets "still entail considerable risk ... placing covert agents and intelligence sources alike at grave personal risk." Sterling v. Tenet, #04-1495, 2005 U.S. Dist. Lexis 15945 (D.D.C. 2005). {N/R}
     In evaluating a race discrimination claim, a performance bonus of 3% can be an "adverse" employment action if the employee should have been given a 5% bonus. Gillis v. Georgia Dept. of Corr., 403 F.3d 883, 2005 U.S. App. Lexis 2924, 95 FEP Cases (BNA) 427 (11th Cir. 2005). {N/R}
     Federal court declines to dismiss a suit by a black assistant police chief who was not promoted to chief when the Delaware town appointed a white candidate from outside the department. Milton has 1,657 residents, of which 24.3% are black -- compared to 12.3% for the U.S. Miller v. Town of Milton, #03-876, 2005 U.S. Dist. Lexis 3471 (D.Del. 2005). {N/R}
     Sixth Circuit affirms a holding that a police promotional exam discriminated against black sergeants. Compliance with the EEOC's 4/5th rule was not a defense. Isabel v. City of Memphis, #5912, 2005 U.S. App. Lexis 5874, 2005 FED App. 0169P, 95 FEP Cases (BNA) 801 (6th Cir. 2005). [2005 FP Jun]
     Louisiana appeals court affirms verdicts for two black former Baton Rouge police officers. Each was awarded $300,000 for racial harassment and $200,000 for racial discrimination; one also received $50,000 for retaliation. Alcorn v. Baton Rouge, #2002-CA-0952-R, 2004 La. App. Lexis 3202 (2004). {N/R}
     A federal jury has required a private employer to pay $1.37 million for emotional pain and suffering and $200,000 in lost wages and benefits to a former worker who claimed he was harassed and threatened with demotion after he complained that two minority employees were passed over for promotion in favor of a white candidate. EEOC v. Federal Express Corp., #6:02-CV-1112 (M.D.Fla. 2004). {N/R}
     Fifth Circuit joins other circuits in holding that res judicata is a bar to relitigating an unsuccessful Title VII discrimination and retaliation lawsuit. Davis v. Johnson, #03-10753, 383 F.3d 309, 2004 U.S. App. Lexis 18232, 94 FEP Cases (BNA) 665 (5th Cir. 2004) citing Boateng v. Inter American Univ., 210 F.3d 563 (1st Cir. 2000), Woods v. Dunlop, 972 F.2d 36 (2d Cir. 1992), Churchill v. Star Enterp., 183 F.3d 184 (3d Cir. 1999), Rivers v. Barberton BoE, 143 F.3d 1029 (6th Cir. 1998), Herrmann v. Cencom, 999 F.2d 2236 (7th Cir. 1993), Owens v. Kaiser, 244 F.3d 708 (9th Cir. 2001), and Jang v. United Tech., 206 F.3d 1147 (11th Cir. 2000). {N/R}
     Federal court holds that the Delaware State Police used too high a cutoff score on a reading ability test, resulting in a high rejection rate for black applicants. DoJ will now seek remedial relief. U.S. v. Delaware State Police, #01-020, 2004 U.S. Dist. Lexis 4560 (D. Del. 2004); DoJ Press Rel. CR-04-179. [2004 FP Jun]  
     California appellate court rejects a suit against the state by a firefighter who lost his job because of a state OSHA regulation banning facial hair, which he allowed to grow to alleviate a skin disorder (PFB). Vernon v. St. of California, #A101244, 116 Cal.App.4th 114, 2004 Cal. App. Lexis 224 (1st Dist. 2004). [2004 FP May]
     A divided Fourth Circuit rejects a lawsuit claiming that a police chief, in investigating claims of racial bias in the agency, wrongfully interviewed only black members of the department. Supreme Court declines review. Williams v. Hansen, #02-1573, 326 F.3d 569; 2003 U.S. App. Lexis 7542; 91 FEP Cases (BNA) 1237 (4th Cir. 2003); cert. den. #03-381, 2003 U.S. Lexis 9210 (2003). [2003 FP Mar]
     Federal appeals court rejects a claim that a white supervisor can sue for race discrimination and retaliation because he reprimanded a black subordinate, and allegedly suffered harassment by black superiors. The harassment was not severe, and he received a promotion. Supreme Court declines review. Twisdale v. Snow, #02-1736, 325 F.3d 950, 2003 U.S. App. Lexis 6871, 91 FEP Cases (BNA) 706; cert. den., 2003 U.S. Lexis 9207 (2003). [2003 FP Mar]
     Federal employees who are victims of race discrimination may not sue under section 504 of the Rehabilitation Act. Taylor v. Small, #02-5261, 2003 U.S. App. Lexis 24948 (D.C. Cir. 2003). {N/R}
     Minorities who challenged the 1998 Chicago Police sergeant promotional process, which included an assessment of leadership, mentoring, decisionmaking and interpersonal traits failed to demonstrate the existence of an equally valid, less discriminatory employment practice. The City was entitled to a summary judgment. Allen v. City of Chicago, #02-3743, 2003 U.S. App. Lexis 24677 (7th Cir. 2003). {N/R}
    Civil Service Board members are not entitled to absolute immunity from suit, in a case where the provisional fire chief challenged his suspension and claimed that the process was tainted by racial discrimination. Fifth Circuit affirms the result, and the Supreme Court has denied review. Turner v. Houma Fire and Police Civ. Serv. Bd., #99-31168, 229 F.3d 478, 2000 U.S. App. Lexis 25950; reh. den. 29744 (5th Cir. 2000); cert. den. #03-367, 2003 U.S. Lexis 8223 (2003), affirming 2002 U.S. Dist. Lexis 12924 (E.D. La. 2002). {N/R}
     Ninth Circuit affirms liability and punitive damages in a discriminatory termination case. The only black officer was fired after he complained of profiling. Bell v. Clackamas Co., #01-35508, 2003 U.S. App. Lexis 17041 (9th Cir. 2003). [2003 FP Nov]
     Federal appeals court overturns a jury award of punitive damages in a race discrimination lawsuit, alleging a failure to promote. The employer had, in good faith, implemented an EEO policy and a diversity-training program. Bryant v. Aiken, #02-2147, 2003 U.S. App. Lexis 13040 (4th Cir. 2003). {N/R}
     Supreme Court declines to review the termination of a NYPD officer who was fired for mailing racist literature. Pappas v. Giuliani, #00-9487, 290 F.3d 143, 2002 U.S. App. Lexis 9157, 18 IER Cases (BNA) 1025 (2d Cir.); cert. den. sub nom Pappas v. Bloomberg, #02-1441, 2003 U.S. Lexis 5051 (2003). [2003 FP Sep]
     Federal appeal court affirms an award of $3.5 million in compensatory and $13.3 million in punitive damages, where seven white employees were transferred from their jobs at the main library to dead-end jobs at branch libraries because of their race. Bogle v. McClure, #2-13213, 2003 U.S. App. Lexis 11332 (11th Cir. 2003). {N/R}
     Update: New Jersey police and fire discrimination cases still active after 30 years. Vulcan Pioneers v. New Jersey, #950-73 (D.N.J.); Bronze Shields v. New Jersey, #2022-72 (D.N.J.). [2003 FP Jun]
     Supervisors who were sued in their individual capacities by a conservation law enforcement officer, for racial discrimination, were entitled to qualified immunity from his §1981 and §1983 claims. Felton v. Polles, #01-60104, 2002 U.S. App. Lexis 25968 (5th Cir. 2002). {N/R}
     Second Circuit affirms damages of $50,000 each for 24 officers who were involuntarily transferred, because of their race, following the Abner Louima torture scandal. Patrolmen's Benevolent Assn. v. City of New York, 00-9538, 310 F.3d 43, 2002 U.S. App. Lexis 21656, 90 FEP Cases (BNA) 1 (2nd Cir. 2002). [2003 FP Jan]
     The Congress had authority to extend Title VII to States under Sec. 5 of 14th Amendment because it was responding to a pattern of race and sex discrimination by state governments. Nanda v. Bd. of Tr. of the Univ. of Illinois, #01-3448, 303 F.3d 817, 89 FEP Cases (BNA) 1616, 2002 U.S. App. Lexis 19105 (7th Cir. 2002). {N/R}
     Ninth Circuit overturns a trial court and upholds the use of an internal pool for statistical purposes in identifying an alleged disparate impact. Paige v. State of California, #01-55312, 2002 U.S. App. Lexis 10279, 02 C.D.O.S. 4730 (9th Cir. 2002). [N/R]
     Eighth Circuit allows an at-will employee can sue a former employer under 42 U.S. Code §1981. Skinner v. Maritz, #00-2569, 253 F.3d 337 (8th Cir. 2001). [N/R]
     If a minority promotional candidate was not clearly more qualified than the persons ultimately promoted, and if there was no evidence of intentional discrimination, the employer was entitled to judgment as a matter of law. Millbrook v. IBP, Inc., #01-1189, 280 F.3d 1169 (7th Cir. 2002). [N/R]
     Profiling: Baltimore City Police major abruptly retires after issuing a memo to subordinates that targeted all blacks found near a bus stop for stop-and-question tactics, following a reported rape at that location. [N/R]
     A District Court properly decertified an attempted class action of rejected police applicants, where the plaintiff failed to adequately pursue the litigation. Culver v. City of Milwaukee, #01-1555, 277 F.3d 908, 87 FEP Cases (BNA) 1464, 2002 U.S. App. Lexis 614 (7th Cir. 2002). [N/R]
      FBI agrees to outside mediation, revised promotional procedures and the payment of individual damage claims to settle (for a second time) the claims of black agents. Johnson v. Ashcroft, #93-0206, 39 (1910) G.E.R.R. (BNA) 535 (D.D.C. 4/30/01 - settlement approved); prior decis. at 1996 U.S. Dist. Lexis 5347 (D.D.C. 1996) and at 31 G.E.R.R. (BNA) 142 (D.D.C. 1993). Also see Van Meter v. Thornburgh, #91-0027, 1991 U.S. Dist. Lexis 18936, 57 FEP Cases (BNA) 911 (D.D.C. 1991); Rochon v. Attorney General, #87-3008, 734 F.Supp. 543, 1990 U.S. Dist. Lexis 4381, 52 FEP Cases (BNA) 1157 (D.D.C. 1990); Graham v. Reno, Civ. #92- 1018 (D.D.C.). [2001 FP 90]
     Justice Dept. sues State Police for discriminatory employment examinations. U.S. v. Delaware State Police (D. Del., filed 2001). [2001 FP 73]
     Black sheriff's recruit wins $1,467,122 for wrongful termination, after he complained about racial profiling. Bell v. Clackamas Co., #99-327-JE (D. Ore); verdict rptd. in The New York Times, 2/28/2001, p. A10. [2001 FP 43-4]
     In a discrimination lawsuit, an ex-chief must show that at least a majority of council members voted against his retention for reasons of race. It is not enough to show that an influential council member opposed him for racial reasons. Mason v. Vil. of El Portal, #99-15246, 240 F.3d 1337, 85 FEP Cases (BNA) 40, 2001 U.S. App. Lexis 1905, 17 IER Cases (BNA) 448 (11th Cir.). [2001 FP 44]
     Justice Dept. sues Delaware State Police for rejection of black applicants during a period when the agency relied an entry test no longer in use. U.S. v. Delaware, 39 (1897) G.E.R.R. (BNA) 168 (D.Del. 2001). [2001 FP 27]
     Federal court sustains a jury verdict for an officer who lost his position due to race-based transfers. Judge refuses to issue an injunction for such transfers. P.B.A. v. City of N.Y., 2000 U.S. Dist. Lexis 15179, 84 FEP Cases (BNA) 462 (Unpub. S.D.N.Y.). [2001 FP 10-11]
     Federal appeals court affirms a jury award of $150,000 for racial discrimination to a police officer, even though the state later suspended his certification as a police officer for untruthfulness. The district court had properly applied the after-acquired-evidence doctrine in refusing to vacate the award. Crapp v. City of Miami Beach, #99-13492, 242 F.3d 1017, 2001 U.S. App. Lexis 2443, 85 FEP Cases (BNA) 353 (11th Cir.). {N/R}
     Sixth Circuit upholds a race discrimination case against an Ohio city, finding that the NAACP had standing to challenge recruitment policies and a former residency requirement. Cleveland Branch, NAACP v. City of Parma, #99-3546, 263 F.3d 513, 2001 U.S. App. Lexis 19193, 2001 FED App. 0290P, 86 FEP Cases (BNA) 936 (6th Cir.) {N/R}
     Federal appeals court revitalizes a lawsuit claiming that a city systematically disapproves injury claims of black police officers because of their race. McCormick v. City of Chicago, #99-2365, 2000 U.S. App. Lexis 25686 (7th Cir.). [2000 FP 173]
     A Chicago Police lieutenant's exam was valid, despite an adverse impact on minority police officers. "The standard to be applied is not simply whether minorities do well or not on a test. That is only the beginning." Bryant v. Chicago, #99-1272, 200 F.3d 1092, 2000 U.S. App. Lexis 528 (7th Cir.). {N/R}
     Supreme Court declines to review a ruling against a probationary police officer who claims that he was fired in retaliation for having reported racial slurs made by other officers against black citizens. It did not involve employment discrimination under Title VII. Wimmer v. Suffolk Co. Police, 176 F.3d 125, 1999 U.S. App. Lexis 8544, 79 FEP Cases (BNA) 1463; cert. den. 1999 U.S. Lexis 7088. {N/R}
     11th Circuit concludes that state governments lack 11th Amendment immunity from Title VII disparate impact lawsuits. Crum v. Alabama, #98-6600, 198 F.3d 1305, 1999 U.S. App. Lexis 34492, 81 FEP Cases (BNA) 950 (11th Cir.). [2000 FP 44]
     Federal court declines to annul a Chicago Police policy of not hiring applicants with an arrest record. Plaintiff failed to prove the city has racial disparities in its police hiring. Watkins v. Chicago, 73 F.Supp.2d 944, 1999 U.S. Dist. Lexis 17180 (N.D. Ill.); prior ruling reported at 992 F. Supp. 971, 1998 U.S. Dist. Lexis 963. [2000 FP 19]
     White female police officers could not maintain a discriminatory promotion lawsuit because they filed their claim with the EEOC more than 180 days after the city issued its promotions list. Cox v. City of Memphis, #99-5789, 2000 U.S. App. Lexis 25942; 2000 FED App. 0370P (6th Cir.). {N/R}
     Federal court dismisses a discrimination suit brought by a FBI agent who failed to provide a sworn statement to an EEO Investigator and to cooperate with the investigation that was initiated because of his complaint. An investigator unsuccessfully attempted to obtain the plaintiff's statement 38 times. Powell v. Reno, 1999 U.S. Dist. Lexis 18134 (D.D.C.), affirming 1998 EEOPUB Lexis 3510 (EEOC). {N/R}
     42 U.S. Code Sec. 1981 does not protect at-will employees who are terminated because of their race. The plain language of 1981 requires that a claim be based on a contractual relationship, which does not exist in at-will employment. Mungin v. Macklowe, 2000 U.S. Dist. Lexis 3811, 82 FEP Cases (BNA) 1185 (S.D.N.Y. 2000). {N/R}
     Appellate court rejects untimely discrimination claim, even if the rejected applicant first learned that racial animus influenced the decision after the limitation period had passed. Williams v. City of Belvedere, 72 Cal.App.4th 84, 84 Cal.Rptr.2d 658, 1999 Cal.App. Lexis 477. [1999 FP 107]
     EEOC modifies its Compliance Manual and prohibits retaliation for "filing a charge, testifying, assisting or participating in any manner in an investigation, proceeding or hearing under the applicable statute." FEP Manual (BNA) 405:7581. The amendment also holds individual supervisors liable for any adverse treatment [Manual 405:7590 n.96], relying on Munday v. W.M.N.A., 126 F.3d 239 (4th Cir. 1997).
     Class action denied in a race discrimination suit. There was evidence the plaintiff’s application had been turned down because of his “very poor employment record.” Robinson v. Sheriff of Cook Co., #98-2333, 167 F.3d 1155, 1999 U.S. App. Lexis 1801, 79 FEP Cases 203 (7th Cir. 1999). {N/R}
     Corrections officer, who was subjected to vile speech by other officers ("black-ass fucking nigger") and other harassment, was entitled to sue his employer for discriminatory treatment. "A jury could find {the warden} had failed to take reasonable steps to eliminate the harassment directed toward {the plaintiff}." Hafford v. Seidner, 167 F.3d 1074, 1999 U.S. App. Lexis 2598 (6th Cir.). {N/R}
     Litigants settle race discrimination claims with police testing system used by 36 Twin Cities communities. Fields v. Minn. Police Recruitment Sys., #C1-97-517, 1998 Minn. App. Lexis 125; stlmnt. rptd. at 36 G.E.R.R. (BNA) #1793 (1998). [1999 FP 28]
     Federal jury in D.C. awards $190,000 to three black police officers who alleged they were denied promotions and favorable assignments for several years. Fredrick v. Dist. of Col., #1:96CV02093, 37 (1816) G.E.R.R. (BNA) 662 (D.D.C. 5/6/99). {N/R}
     An African American police officer who allegedly was told “Nigger, you're suspended” by the white police chief has no grounds to sue for race discrimination or racial harassment. The plaintiff failed to address the issue of his suspension in the district court and instead focused on the use of the word “nigger.” Sanders v. Dixmoor, #98-3728, 178 F.3d 869, 79 FEP Cases (BNA) 1729, 1999 U.S. App. Lexis 9043 (7th Cir.). {N/R}
     Probationary officer who was fired for poor evaluations was not dismissed for opposing racism in the police dept., despite the fact some officers allegedly acted in a discriminatory manner toward citizens. Wimmer v. Suffolk Co. Police, 176 F.3d 125, 1999 U.S. App. Lexis 8544, 79 FEP Cases (BNA) 1463. {N/R}
     In 2-1 decision, the 9th Circuit rejected the majority view among the federal circuits that the Federal Arbitration Act applies to all employment contracts, except those who actually work in interstate commerce. The plaintiff had brought a race discrimination Title VII action. Craft v. Campbell Soup, #98-15060, 161 F.3d 1199, 78 FEP Cases (BNA) 713, 1998 U.S. App. Lexis 30580, (9th Cir.). {N/R}
     A supervisor's one-time use of term "Buckwheat" to refer to black employee and making a joke about black men's genitalia are not direct evidence of discrimination, where the comments were made some two years before decision to terminate the employee, and the plaintiff failed to show a causal link between comments and decision. Simmons v. Oce-USA, 174 F.3d 913, 1999 U.S. App. Lexis 6979, 80 FEP Cases (BNA) 1029 (8th Cir.). {N/R}
     Comments by a supervisor describing the plaintiff as an "incompetent nigger" do not show that reasons for the discharge were pretextual, where the statements were not linked to the termination decision. Shorter v. ICG, 1999 U.S. App. Lexis 19279, 80 FEP Cases (BNA) 1031 (10th Cir.). {N/R}
     Single incident where superior called a black police officer a street nigger did not establish a hostile work environment or justify a racial harassment claim under Title VII. Porter v. Little Rock, 941 F.Supp. 804 (E.D.Ark. 1995). {N/R}
     Louisiana State Police agree to adopt new, nondiscriminatory entrance exam; $1 million backpay fund created to compensate improperly disqualified black applicants. U.S. v. Louisiana St. Police, (M.D.La. 1996) [1996 FP 172-3]
     Rejected minority police applicants win a verdict against an employment testing firm and the cities that use it. Plaintiffs recover compensatory and punitive damages. Fields v. Minn. Police Recruitment Sys., Hennepin Co. Dist.Ct. #EM 93-218, 33 (1643) G.E.R.R. (BNA) 1529 (1995). [1996 FP 27]
     7th Circuit holds that under the 1991 Civil Rights Act, punitive damages are recoverable even if compensatory damages are not. Hennessy v. Penril DataCom, 69 F.3d 1344 (7th Cir. 1995). {N/R}
     Black sheriff's deputy recovers damages of $150,000 for discriminatory assignments. Hollingsworth v. Hutson, #1-93-CV-1008-CC, 33 (1616) G.E.R.R. (BNA) 710 (N.D.Ga. 1995). [1995 FP 141]
     Police dept. was an "employer" for purposes of Title VII, where it was a political subdivision of a town that had 25 employees. Young v. Fallsburg Police, 774 F.Supp. 205, 66 FEP Cases (BNA) 908 (S.D.N.Y. 1991). {N/R}
     Firefighter was not entitled to seek punitive damages in his suit for racially motivated discipline. Cities are immune from punitive damage awards. Adams v. City of Chicago, 865 F.Supp. 445 (N.D.Ill. 1994). {N/R}
     Black prison guard would be entitled to relief if he can show he was terminated for refusing to carry our an alleged discriminatory policy, of denying showers to black inmates after work shifts. A public employee may not be disciplined for refusing to engage in an act prohibited by Title VII. Moyo v. Gomez, 40 F.3d 982 (9th Cir. 1994), cert. den. 115 S.Ct. 732 (1995). {N/R}
     County sheriff dept. did not act improperly in failing to interview a black applicant because of suspicions about information contained in his application, even if the suspicions were erroneous. Nelson v. Pulaski Co. Sheriff's Dept., 65 FEP Cases (BNA) 1563 (E.D.Ark. 1994). {N/R}
     Massachusetts state trooper wins $211,587 for differential punishment given him because he is black. Miller v. Comm. of Massachusetts, 32 (1551) G.E.R.R. (BNA) 187 (D.Mass. 1994). [1994 FP 153-4]
     Black corrections officer awarded $97,000 because of intentional promotional discrimination and abusive treatment. Jackson v. Crowder, 1994 U.S. Dist. Lexis 1515; 32 (1550) G.E.R.R. (BNA) 155 (S.D. Fla. 1994). [1994 FP 154]
     Federal court rules it was not discriminatory to terminate a minority employee for taking non-approved leave time to serve a jail sentence. Campbell v. Fed. Exp., 64 FEP Cases (BNA) 521 (W.D. Tenn. 1994). [1994 FP 122-3]
     Miami firefighters" union settles a class action suit for expelling black bargaining unit members in 1988, because they protested allegedly discriminatory promotions negotiated by the union and the city. The firefighters were reinstated in the union, and any missing health benefits were paid. EEOC v. Miami Assn. of F/F, #92-1634-CIV, 32 (1576) G.E.R.R. (BNA) 981 (S.D.Fla. 1994). {N/R}
     County was liable for sheriff's disciplinary suspension of a black deputy for racial reasons. Steverson v. Goldstein, 24 F.3d 666, 1994 U.S. App. Lexis 14707, 65 FEP Cases (BNA) 42 (5th Cir. 1994). {N/R}
     Preemptory challenge of a prospective black juror in a civil rights suit filed by a black police officer was not erroneous. Jackson v. City of Little Rock, 6 FEP Cases (BNA) 1 (8th Cir. 1994). {N/R}
     Federal court upholds Cincinnati Fire Dept. background investigation procedures, including credit and employment histories, questions about unusual sexual conduct and criminal convictions (but not arrests), and polygraph testing. Tye v. City of Cincinnati, 794 F.Supp. 824 (S.D. Ohio 1992). [1993 FP 27-8]
     Houston settles class action promotional discrimination suit that was pending for 18-years. Edwards v. City of Houston, #H922510, 31 (1501) G.E.R.R. (BNA) 192 (S.D.Tex. 1993). [1993 FP 45]
     Federal appeals court approves of promotional exam score “banding” in San Francisco police litigation. Officers for Justice v. Civil Serv. Cmsn., 979 F.2d 721 (9th Cir. 1992). [1993 FP 124]
     Pretextual termination of town's only black officer, after he complained of discrimination, stated a cause of action for racial discrimination. Young v. Town of Fallsburg, 774 F.Supp. 205 (S.D.N.Y. 1991). [12]
     Federal appeals court faults city for not using video simulations in its promotional exams for police sergeant. Cluster banding approved as the appropriate remedy. Bridgeport Guardians v. City of Bridgeport, 933 F.2d 1140 (2nd Cir. 1991). [1992 FP 91-2]
     City is not liable for racially-motivated demotions since these were in violation of ordinances and policies and not in furtherance of it. Auriemma v. Rice, 58 FEP Cases (BNA) 341 (7th Cir. 1992). [1992 FP 3]
     Federal Appeals Court (Eighth Circuit) concludes the 1991 Civil Rights Act is NOT retroactive. Several District Courts have ruled the contrary. Fray v. Omaha World Herald, 58 FEP Cases (BNA) 768 (8th Cir. 1992). U.S. District Courts in Alabama Indiana, Georgia and Pennsylvania disagree and hold the act is retroactive. See 58 FEP Cases (BNA) at 625, 646, 650 and 712. [1992 FP 107-8]
     Federal court dissolves a 16-year-old racial bias injunction against an Ohio fire dept. Dozier v. Chupka, 763 F.Supp. 1430 (S.D. Ohio 1991). [1992 FP 108]
     Federal court rules that police dept. did not have to pay premium compensation to bilingual officers who were required to use their language skills. Cota v. Tucson Police Dept., 783 F.Supp. 458, 58 FEP Cases (BNA) 1565 (D.Ariz. 1992). [1992 FP 123]
     Federal court rejects pass/fail written promotional exams, but adopts city's plan to band similar test results over using a strict numerical ranking. U.S. v. City of Montgomery, 775 F.Supp. 1450 (M.D. Ala. 1991). [1992 FP 172]
     Light-skinned black can bring a discrimination suit against a darker-skinned supervisor. Walker v. Secretary of the Treasury, 742 F.Supp. 670 (N.D. Ga. 1990).
     Impudent language to a minority who was later terminated for marginal performance did not create a Title VII action. Fahie v. Thornburgh, 746 F.Supp. 310 (S.D.N.Y. 1990).
     Federal court rules that a light skinned black could pursue a race discrimination claim against a darker-skinned black. [Decision would apply to reverse pigment differences]. Walker v. Secretary of the Treasury, 27 G.E.R.R. (BNA) 717 (N.D. Ga. 1989).
     White female officer who is married to black man, claimed her dismissal was racially motivated; $10,000 compensatory damages awarded for her emotional distress. Davis v. S.E.P.T.A., #87-5117 9E.D. Pa. 1989).
     Black, Spanish-speaking officer who classified himself as "Hispanic" was not entitled to be reclassified as "black" to achieve a quota- mandated promotional preference. Blake v. Sanchez, 547 N.Y.S.2d 332 (A.D. 1989).
     Federal court holds that the state worker's compensation act provided an exclusive remedy for emotional distress and physical injury resulting from a black employee's discriminatory termination. Tilford v. Monsanto, 4 IER Cases (BNA) 1865 (N.D. Cal. 1989).
     Federal appeals court reverses lower court decision that allowed lieutenants to compete for battalion chiefs in Chicago Fire Dept. prior service as captains is "job-related" and does not unlawfully discriminate against black and Hispanic firefighters. Cox v. City of Chicago, 48 FEP Cases (BNA) 1674 (7th Cir. 1989). [reversing 700 F.Supp. 921 (N.D. Ill. 1988)].
     Summary judgment for employer was proper in suit for intentional discrimination, where the application was screened without knowledge of the applicant's race. Robinson v. Adams, 847 F.2d 1315 (9th Cir. 1988).
     Fire company could reject black applicant who was receiving 100 % disability benefits, despite fact dept. had no black firefighters and members of the company referred to him as a nigger. Mullen v. Princess Anne Vol. Fire Co., 853 F.2d 1130 (4th Cir. 1988).
     Federal court allows lieutenants to compete for battalion chiefs in Chicago Fire Dept. prior service as captain is not "job-related" and discriminates against black and Hispanic fire-fighters who were underrepresented in past years. Cox v. City of Chicago, 700 F.Supp. 921 (N. D. Ill. 1988).
     Federal appeals court orders promotion of black firefighter; city failed to prove relevancy of lieutenant's exam. Nash v. Consol. City of Jacksonville, 837 F.2d 1534 (11th Cir. 1988).
     Federal appeals court upholds 4 or 5 components of police sergeant exam in Akron, Ohio. Black Law Enf. Ofcrs. Assn. v. City of Akron, 824 F.2d 475, reh. en banc den. (6th Cir. 1987).
     Florida fire dept. settles discrimination suit with dept. of justice; rejected applicant gets $20,000 and retroactive seniority to 1983. U.S. v. City of Bradenton, Fla., U.S. Dist. Ct., (N.D. Fla. 1987). DoJ REF CR-87-266.
     Federal appeals court upholds the rejection of white candidate for promotion in favor of lower scoring black firefighter seeking position. Higgings v City of Vallejo, 44 FEP Cases 676, 823 F.2d 351 (9th Cir. 1987).
     Minority state employee awarded $1.5 million for losing promotion; discrimination and harassment proved. Watson v. Dept. of Rehabilitation, State of California, Super. Ct. of Los Ang. Co., Cal. #C-268034 (May, 1987).
     Federal anti-discrimination law of 1970 protects Arabs and other Caucasians; applies to small (under 15) employees. Saint Francis College v. Al-Khazraji, 55 Law Week 4626 (1987).
     Content validity not a defense on oral exam results. Gilbert v. City of Little Rock, 790 F.2d 1210 (8th Cir. 1986).
     Federal appeals court upholds in-house evaluation and promotion plan; white officers could assess blacks without discrimination. Minority Police Officers Assn. v. City of South Bend, 801 F.2d 964 (7th Cir. 1986).
     Mayor's alleged reference to police chief applicant as a “god-dam nigger” constituted evidence of discriminatory intent. Wilson v. City of Aliceville, 779 F.2d 631 (11th Cir. 1986).
     Federal appeals court upholds college requirement, no recent drug use, and traffic citation restrictions on police hiring. Davis v. City of Dallas, 777 F.2d 205 (5th Cir. 1985).
     Job-related entry exam for firefighters is not illegal because blacks and Hispanics flunk in greater numbers. Clady v. County of Los Angeles, 770 F.2d 1421 (9th Cir. 1985), cert. den., 106 S.Ct. 1516 (1986).
     Consent decree which did not cover lay-offs could not be the basis for injunctive relief. Composite test scores not determinative in view of Stotts decision. U.S. v. City of Cincinnati L-69, F.O.P., 771 F.2d 161 (6th Cir. 1985).
     Federal court rejects NAACP attempt to block Attorney General's efforts to modify racial consent decrees. N.A.A.C.P. v. Meese, 615 F.Supp. 200 (D.D.C. 1985).
     D.C. fire battalion chiefs prove reverse discrimination claims in deputy chief selection process. Dougherty v. Barry, 607 F.Supp. 1271 (D.D.C. 1985).
     Minorities could "leap-frog" over whites; Chicago police and fire promotion discrimination complaints ended. Bigby v. City of Chicago, 766 F.2d 1053 (7th Cir. 1985).
     Stotts case held an insufficient basis to intervene and set aside a consent decree. Deveraux v. Geary, 765 F.2d 268 (1st Cir. 1985); EEOC v. Local 638, 753 F.2d 1172 (2nd Cir. 1985); Vanguards v. City of Cleveland, 753 F.2d 479 (6th Cir. 1985); Diaz v. American Tel. & Tel., 752 F.2d 1356 (9th Cir. 1985); Turner v. Orr, 759 F.2d 817 (11th Cir. 1985) and Hammon v. Barry, 606 F.Supp. 1082 (D.D.C. 1985).
     Indian who lost his police job due to discrimination entitled to compensatory damages and attorney's fees; punitive damages not recoverable against city. Poolaw v. City of Anadarko, 738 F.2d 364 (10th Cir. 1984).
     City cannot fire black employee for just reasons if it has tolerated similar conduct by white employees. Abasiekong v. City of Shelby, 744 F.2d 1055 (4th Cir. 1984).
     Justice Dept. obtains decree requiring Mississippi to recruit and hire additional black conservation officers. U.S. v. Miss. Dept. of Wildlife, U.S. Dist. Ct. (D. Miss. 1985).
     Cleveland fire dept. one-to-one plan upheld by federal appeals court. Vanguards of Cleveland v. City of Cleveland, 36 FEP Cases 1431 (6th Cir. 1985).
     Justice Dept. suit against San Francisco fire dept. charges racially discriminatory policies against blacks, Asians and Hispanics. U.S. v. City and Co. of San Francisco Fire Dept., U.S. Dist. Ct. (N.D. Cal. 1984).
     Justice Dept. sues Louisiana city for racial discrimination and harassment; injunction sought. U.S. v. City of Westwego, Louisiana, U.S. Dist. Ct. (E.D. La. 1984).
     New black police chief in Chicago demotes many white commanders; suit filed for discrimination. Maloney v. Washington, U.S. Dist. Ct. #84 C 689 (N.D. Ill. 1984).
     Supreme Court lets stand a lower ruling allowing suit against LEAA officials for failure to cut off federal aid. Velde v. National Black Police Assn., #83-1254, 35 CrL (BNA) 4029 (1984).
     Justice department accuses state police academy of flunking recruits due to their race and tolerating an atmosphere of ridicule; reinstatement, back pay sought. U.S. v. New York State Police, U.S. Dist. Ct. (N.D.N.Y. 1984).
     Federal appeals court allows dept. to reject applicant based on unfavorable investigative report of laziness, etc. Ward v. Arkansas State Police, 714 F.2d 62 (8th Cir. 1983).
     Supreme court upholds seniority in minority layoff case involving Memphis fire dept. Last hired, first fired. Firefighters L-1784 v. Stotts, 104 S.Ct. 2576 (1984).
     Federal appeals court rejects consent decree and relied on unproven exams. Williams v. Vokovich, 720 F.2d 909 (6th Cir. 1983).
     Civil service test scores could not be "adjusted" with "racial bonus points" to compensate for impact on minority candidates. Bushey v. New York State Civil Serv. Cmsn., 571 F.Supp. 1562 (1983).
     "Fact" that black male applicants are more likely to have an arrest record was not justification for overturning rejection. Cha-Jua v. Dept. of Fire, 439 So.2d 1150 (La. App. 1983).
     White firefighters lacked standing to contest consent decree; intervention not proper at eleventh hour. U.S. v. Jefferson Co., 720 F.2d 1511 (11th Cir. 1983).
     Union lacks standing to challenge discriminatory hiring practices. Minority Police Officers Assn. v. City of South Bend, 721 F.2d 197 (7th Cir. 1983).
     Hispanic applicant not entitled to preferential hiring practices. Minority Police Officers Assn. v. City of South Bend, 721 F.2d 197 (7th Cir. 1983).
     Minority employees group lacks standing to sue for discriminatory recruitment and hiring efforts. Minority Police Officers Assn. v. City of South Bend, 555 F.Supp. 921 (N.D. Ind. 1983).
     Consent decree in Chicago suburb requires promotion of black officers to sergeant, appointment of black civil service commission, and revised promotional testing. U.S. v. Vil. of Oak Park, Ill., U.S. Dist. Ct. (N.D. Ill. 1983).
     Exclusion of minorities from administrative assignments in Bridgeport police department to remedy discriminatory practices. Bridgeport Guardians Inc. v. Delmonte, 553 F.Supp. 601 (D. Conn. 1983).
     Federal court orders sweeping revisions in assignments in fire dept. illegal; could affect promotional test scores. Wilmore v. City of Wilmington, 699 F.2d 667 (3rd Cir. 1983).
     Supreme court issues six separate opinions in case involving backpay claims of laid off police officers; no agreement on discriminatory intent. Guardians Assn. of the N.Y.C. Police Dept. v. Civil Serv. Cmsn. of City of N.Y., 463 U.S. 582 103 S.Ct. 3221 (1983).
     Reliance on a court hiring order on appeal does not excuse failure to promote white candidates. Hayworth v. City of Oakland, 181 Cal.Rptr. 214 (App. 1982).
     Federal appeals court upholds basic English test in police hiring and affirms award of attorney's fees in fire dept. allegations. Rivera v. City of Wichita Falls, 665 F.2d 531 (5th Cir. 1982).
     Federal appeals court upholds entry level tests that measure ability to comprehend reading material; recruitment failures results in injunction, nominal attorney fees. Rivera v. City of Wichita Falls, 665 F.2d 531 (5th Cir. 1982).
     Fact that chief has discretion on disciplinary punishment and that fellow employees used racially derogatory names does not protect black employee from termination for cause. Pope v. City of Hickory, N.C., 541 F.Supp. 872 (W.D. N.C. 1981), affirmed 679 F.2d 20 (4th Cir. 1982).
     Federal appeals court rejects claim that termination was based on racial discrimination; fourth circuit sets test for reviewing such claims. Pope v. City of Hickory, N.C., 679 F.2d 20 (4th Cir. 1982).
     Poor job performance sufficient cause to reject minority applicant. Ward v. Arkansas State Police, 539 F.Supp. 1116 (E.D. Ark. 1982).
     Federal court upholds lieutenant's exam although blacks fared poorly; appeals court affirms disputed settlement on back pay, limiting recovery to $3,720 per claimant. Officers for Justice v. Civil Serv. Cmsn., 29 FEP Cases 1473, affirming 473 F.Supp. 801 and prior decisions cited therein (9th Cir. 1982).
     City liable for discriminatory hiring even though testing took place prior to application of federal law. Association Against Discrimination v. City of Bridgeport and Bridgeport Firefighters et al., 647 F.2d 256 (2nd Cir., reh. in banc den., 1981).
     Portland, Oregon, pays $35,000 settlement to ex-officer who claimed he was terminated for racial reasons. Dickerson v. City of Portland Police Bureau, City Council Session of July 15, 1981.
     Minority firefighter could not remain as plaintiff in class action alleging discrimination in hiring. League of United Latin American Citizens (LULAC) v. City of Salinas Fire Dept., 88 F.R.D. 533 (N.D. Cal.).
     Federal court upholds entry examination despite poor showing by black applicants. Uniform Guidelines on Employee Selection Procedures 29 C.F.R. Sec. 1607; Corley v. City of Jacksonville, 506 F.Supp. 528 (M.D. Fla. 1981).
     Black officer receives $45,000 for wrongful termination twenty years earlier. Johnson v. City of Sacramento, Sup'r Ct. of Sacramento, Super. Ct. of Sacramento Co. (1981).
     Federal appeals court upholds $40,000 damages for mental suffering to firefighter who was passed over for promotion due to discrimination. League of United Latin American Citizens v. City of Salinas Fire Dept., 27 FEP Cases (BNA) 405 (N.D.Cal. 1979), aff'd 654 F.2d 557 (9th Cir. 1981).
     Consent decree entered in Statesville, N.C. ends all-white police and fire departments; back pay awarded former black firefighter. U.S. v. City of Statesville, U.S. Dist. Ct. (D.N.C. 1981).
     Hatred and mistreatment of others does not excuse abuse of minorities; chief's own minority status irrelevant. Lamb v. Vil. of Bagley, 310 N.W.2d 508 (Minn. 1981).
     All parties to an action must agree to all parts of a consent decree. U.S. v. City of Miami, 664 F.2d 435, 27 FEP Cases 913 (5th Cir. 1981).
     Seniority requirements for promotion set aside by federal court; disparate impact on minorities found. Firefighters Inc. for Racial Equality v. Bach, 522 F.Supp. 1120 (D. Colo. 1981).
     Fifth circuit rejects entrance exams for police and fire applicants; holds that academy training was not job validated. Ensley Branch of the N.A.A.C.P. v. Seibles, 616 F.2d 812 (5th Cir. 1980).
     Applicant properly rejected for firefighter employment, but entitled to litigate department's recruitment practices. Walker v. Robbins Hose Co. No. 1, 622 F.2d 692 (3rd Cir. 1980).
     Omaha agrees to hire black officers at forty percent ratio; $2,000 back pay award authorized for rejected black applicants. Brotherhood of Midwest Guardians v. City of Omaha; U.S. v. City of Omaha, U.S. Dist. Ct. (Neb. 1980).
     Terminated black officer not entitled to reinstatement because blacks are arrested more frequently than whites; pre-hearing suspension approved where criminal activity was alleged. Smith v. Carey, 473 F.Supp. 268 (S.D.N.Y.).
     Federal court in Florida finds shoplifting and hard drug use sufficient grounds to disqualify public safety employment; mere use of marijuana would adversely affect police applicant, but not firefighter applicant; use of polygraph O.K. Drayton v. City of St. Petersburg, 477 F.Supp. 846 (M.D. Fla.).
     Court refuses motion of Mexican-American to intervene in suit brought by blacks and women against Pittsburgh police. Cmnwlth. of Penna. v. Flaherty, 482 F.Supp. 305 (W.D. Pa. 1980).
     St. Louis fire captain promotional system invalidated. U.S. Supreme Court refuses to review racial quotas imposed. Firefighters Institute for Racial Equality v. City of St. Louis, 616 F.2d 350 (8th Cir. 1980), cert. Den. U.S. Sup. Ct. #80-29 at 49 LW 3926 sub nom City of St. Louis v. United States.
     Two million dollar consent decree negotiated with Los Angeles police department; hiring goals established. U.S. v. City of Los Angeles, U.S. Dist. Ct. (C.D. Calif. 1980).
     Federal appeals court upholds bonus points for minority promotional candidates. Kirkland v. N.Y. State Dept. of Corr. Serv., 628 F.2d 796 (2d Cir. 1980).
     Suit against union for alleged discriminatory practices fails; no breach of duty of fair representation shown. Golden v. Local 55, Intnl. Assn. of Fire Fighters, 633 F.2d 817 (9th Cir. 1980).
     Workmens" compensation judge awards officer $100,500 for emotional strain due to department's "racist" pressures. Taylor and City of Oakland, Calif. Indus. Accid. Cmsn. (1979).
     Allegations of "disparate treatment" will not prevent termination of black employee for just cause; Treasury Department also threatened loss of revenue sharing funds. Jones v. Civil Serv. Cmsn. of Alton, 399 N.E.2d 256 (Ill.App. 1979).
     Federal court holds that private testing firm not suable under Sections 1981 or 1983 for discriminatory examinations unless given authority for actual hiring of applicants. Stewart v. Hannon, 469 F. Supp. 1142 (N.D. Ill. 1979).
     Supreme Court hears L.A. firefighter discrimination case; emergency hiring considered moot. County of Los Angeles v. Davis, 99 S.Ct. 1379 (1979); prior decision at 566 F.2d 1334 reversed.
     Hiring rate, not scores on written exams, determines discrimination evidence under federal laws. Brown v. New Haven Civil Serv. Board, 474 F.Supp. 1256 (D. Conn. 1979).
     Recent improvements in minority employment statistics precludes injunctive relief, but individual claimants entitled to back pay. NAACP v. City of Corinth, 83 F.R.D. 46 (1979).
     Dismissal "for cause" cannot be pretext for discriminatory action; blacks and whites must be disciplined evenly. Corley v. Jackson Police Dept., 566 F.2d 994 (5th Cir. 1978).
     Attorneys" fees and expenses computed in Grenada case. Neely v. City of Grenada, 77 F.R.D 484 (N.D. Miss. 1978).
     Supreme Court sets standard for attorney's fees when employer prevails. Christianburg Garment Co. v. EEOC, 98 S.Ct. 694 (1978).
     Black officer, first on sergeant's list, entitled to promotion in absence of evidence of justified reasons. Springfield Bd. of Police Cmsnrs. v. Mass. Cmsn. Against Discrimination, 375 N.E.2d 710 (Mass. 1978).
     Content validity sufficient to uphold firefighters’ exams; adverse impact irrelevant. Friend v. Leidinger, 446 F.Supp. 361 (E.D. Va. 1977), aff’d, 588 F.2d 61 at 65-65 (4th Cir. 1978).
     Atlanta federal court orders promotions of black firefighters to lieutenant grade with back pay. Hamer v. City of Atlanta, 450 F.Supp. 771 (N.D. Ga. 1978).
     Federal Court orders back pay and revised personnel procedures in Grenada, Mississippi; fire and police principal targets. Neely v. City of Grenada, 438 F.Supp. 390 (N.D. Miss. 1977).
     Supreme Court holds that minority employees who failed to apply for advanced positions can recover pay differentials under Title VII, because submitting an application under discriminatory seniority and promotion policies would have been futile. Teamsters v. U.S., 431 U.S. 324, 97 S.Ct. 1843 (1977). {N/R}
     Federal court upholds detective exam that only whites passed; job relatedness found. Bridgeport Guardians v. Bridgeport Police Dept., 431 F.Supp. 931 (D. Conn. 1977). Attorney General reopens Milwaukee police case; alleges that promotional exams and assignment policies are still discriminatory. U.S. v. City of Milwaukee, #74-C0480 (E.D. Wis.); see prior opin. at 395 F.Supp. 725, 439 F.Supp. 264 and 441 F.Supp. 1371 (1977).
     Attorneys" fees and expenses computed in Philadelphia case. Commonw. v. O'Neill, 16 FEP Cases 797 (E.D. Pa. 1977).
     California rules that ex-felons may be barred from police employment; discriminatory impact not relevant. Hetherington v. Calif. St. Personnel Bd., 147 Cal.Rptr. 300 (App. 1978).
     Criterion validity insufficient if measured to performance in subordinate positions. U.S. v. City of Chicago, 573 F.2d 416 (7th Cir. 1978).
     Norfolk, Virginia signs consent decree on police and firefighting hiring. U.S. Department of Justice v. City of Norfolk, U.S. Dist. Ct. (E.D.Va. 1978).
     Federal appeals court upholds city's garnishment, accident review, performance rating systems; entry level tests may be validated out-of- state. Friend v. Leidinger, 588 F.2d 61 (4th Cir. 1978).
     Attorney fees granted in New Haven discrimination case. Firebird Society v. Members of the Bd. of Fire Cmsnrs., 433 F.Supp. 752 (D.Conn. 1976), aff'd 556 F.2d 642 (2d Cir. 1977).
     New Jersey Supreme Court rejects quota hiring as appropriate remedy for past discriminatory hiring practices. Lige v. Town of Montclair, 367 A.2d 833 (N.J. 1976).
     Supreme Court sheds new light on employment tests; discriminatory impact is not unconstitutional, if exam is related to success in the training academy. Washington v. Davis, 426 U.S. 229, 12 FEP Cases (BNA) 1415 (June, 1976).
     Revenue Sharing Loss. U.S. v. City of Chicago, 411 F.Supp. 218 (1976).
     Promotional procedures still subject of challenge in racial discrimination suits. McCullers v. City of Raleigh, 11 FEP Cases 1037 (E.D. Va. 1975); Hiatt v. City of Berkeley, 10 FEP Cases 251; Firefighters L-134 v. City of Atlanta, 11 FEP Cases 1129, Sup'r Ct., Fulton Co., Ga. (Dec. 2, 1976); Detroit Fire Fighters Assn. v. City of Detroit, U.S. Dist. Ct. (E.D. Mich. 1976).
     California federal court finds that recruiting efforts outside city limits discriminates against Mexican-Americans. League of United Latin American Citizens v. City of Santa Ana, 410 F.Supp. 873 (C.D. Cal. 1976).
     Retroactive seniority authorized by supreme court in Title VII discrimination cases. Franks v. Bowman Transportation Co., Inc. 96 S.Ct. 1251, reversing 495 F.2d 398 (March, 1976).
     White firefighters denied thirteenth hour bid to intervene in New Haven discrimination case; Second Circuit affirms. Firebird Society of New Haven, Inc. v. New Haven Bd. of Fire Cmsnrs., 66 F.R.D. 457 (D.Conn. 1875), aff'd 515 F.2d 504 (2d Cir. 1975); Oburn v. Shapp, 393 F.Supp. 561, 576 (E.D. Pa. 1975).
     Supreme Court "clarifies" test validation and back pay considerations in equal employment suits. Albemarle Paper Co. v. Moody, 95 S.Ct. 2362 (1975).
     Last hired, first fired, prevails in Detroit hiring cases: Black firefighters lose their jobs in cutback. Driscoll v. Jefferson, #75-70813, 11 FEP Cases (BNA) 308 (E.D.Mich. 1975); Schaefer v. Tannian, 394 F.Supp. 1136 (E.D.Mich. 1975).
     Standing to intervene discussed. Haber v. Klassen, 10 FEP Cases 1446 (N.D. Ohio, 1975).
     Federal court in Milwaukee denies "technical" defenses, holds title VII is not "vague" in constitutional sense. Suit by city against Attorney General for "selective enforcement" fails. U.S. v. City of Milwaukee, 395 F.Supp. 725 (E.D. Wis. 1975); City of Milwaukee v. Saxbe, 403 F.Supp. 416 (E.D. Wis. 1975).
     Back Pay discussed: Green v. Missouri Pac. R.R. Co., 11 FEP Cases 658 (8th Cir. 1975).
     Ninth Circuit sidesteps racial hiring appeal in San Francisco; implementation of lower court order mooted appeal. Western Addition Commun. Org. v. Alioto, 10 FEP Cases 527 (March 17, 1975).
     The EEOC found that use of the Wonderlic and Bennett tests resulted in 58% of whites passing the tests, as compared with only 6% of the blacks. Griggs v. Duke Power, 401 U.S. 424, 91 S.Ct. 849, 1971 U.S. Lexis 134, 3 FEP Cases (BNA) 175. {N/R}
     See also: Disciplinary Punishment; Physical Fitness Tests & Standards; Race-Affirmative Action & Quotas; Race and Sex Discrimination and EEOC regulations at www.eeoc.gov/regs/