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1. What is this lawsuit about?
2. What is a class action?
3 Who are the plaintiffs in this case?
4. Who are the attorneys bringing this case?
5. Am I a member of the class represented in this case?
6. What do I have to do to be in the class?
7. How can I find our more?
8. What will Class members get if the City or the Union loses or settles?
9. What will happen next?
10. Will it cost me anything to be included in this case?
11. What if the City, NYPD or the Union retaliates against me?
12. Can I be fired for signing up or talking to you?
13. Will the City or the Union find out I have asked you questions?
14. How long will the case take?
15. What if I have other issues against the City or the Union? — does this case cover those issues?
On November 6, 2013, Cynthia Hill and seven other named Plaintiffs, employed in the Communications Section of the New York City Police Department (NYPD) as Police Communications Technicians ("PCTs") and Supervisor Police Communication Technicians ("SPCTs," collectively, "911 Operators"), filed this class action lawsuit against the City of New York ("City") and a number of employees of the City as well as District Council 37, Local 1549 ("DC 37" or "the Union") in federal Court in Brooklyn, New York. Their suit charges that they, and members of the class, who are predominantly members of racial minorities (Hispanic and Blacks) and female, have been subjected to discriminatory disciplinary treatment, forced to work up to 16 hour shifts with few meal or bathroom breaks, threatened and retaliated against when they attempt to use sick leave, among other statutory violations. They also contend that the Union has failed to act in any meaningful manner to protect their rights. This class action lawsuit seeks to end the City and NYPD's unlawful and discriminatory treatment of this group of more than one thousand 911 Operators, who admittedly are predominantly minority and overwhelmingly female, and many of whom have served the City creditably for many years. On September 28, 2015, the Court (Hon. Pamela K. Chen) held that this case could go forward as a class action and certified the class. The Case will go through the process of discovery and thereafter will go to trial or be settled.
A class action is a suit brought by individuals on behalf of a large group of people with the same basic claims. A judge has to decide if the case meets the legal requirements for a class action. If the requirements are met, class members are automatically covered by the suit, unless they ask to be excluded. The case either goes to trial or the claims are resolved before trial in a settlement for the entire class.
3. Who are the plaintiffs in this case?
The current named plaintiffs for this class action lawsuit
There are eight named Plaintiffs. Seven of the eight −−Cynthia Hill ("Hill"), Gail Williams ("Williams"), Denise Inman ("Inman"), Vickie Gordon ("Gordon"), Taura Pate ("Pate"), Ellen Ennis ("Ennis"), and Andrea Holly "Holly")−−are African-American women. The eighth named Plaintiff, Rolando Lopez ("Lopez"), is a Hispanic male of Puerto Rican ancestry.
Hill at the time of the action was a Supervisor Police Communication Technician (SPCT) and all the other named Plaintiffs – Williams, Inman, Gordon, Pate, Ennis, Holly, and Lopez, are Police Communication Technicians (PCTs)
These individuals are the representatives of the class. In other words, they have filed suit not just for themselves, but for all 911 Operators (SPCTs and PCTs) employed by the City and NYPD and represented by the Union, DC 37.
The following law firms are handling this discrimination class action lawsuit
Maduegbuna Cooper, LLP
30 Wall Street, 8th Floor
www.mcande.com
Samuel O. Maduegbuna, Esq., Lead Counsel
William W. Cowles, Esq.,
Kyle d. Winnick
Law Office of Steve Williamson, PLLC
1225 Franklin Avenue
Garden City, New York 11530
www.nytrialesquire.com
Stephen Z. Williamson, Esq.
If you were employed by the City of New York as a PCT or SPCT at any time from November 6, 2010 to the present, you may be part of that portion of this class action lawsuit alleging racial discrimination.
If you currently working in the civil service titles of PCT and SPCT in the NYPD Communications Section, and are eligible for FMLA leave, you may be part of that portion of this class action lawsuit alleging a violation of rights under the Family Medical Leave Act.
If you meet any of the above definitions, you do not have to do anything at this time to be included in the class, since a class has been certified.
At some point in the future, you may be asked if you want to exclude yourself from the class, and, probably much later, you might be asked to file a claim form if you wish to share in any settlement. But for now, you needn't do anything.
We nevertheless would like to hear from you if you believe you have been discriminated against by the City, NYPD or the Union, DC 37. Click here to contact us.
Nothing at this time. However, you can click here and contact us if you have any information that you think would help us pursue this cases, or to receive more information about the status of this case that may include you.
7. How can I find out more?
You can keep track of this case by periodically checking this website. We will post major developments, pleadings, and press releases. If you would like to speak to one of our attorneys, please contact us through this website. Click here to contact us or call 1-212-232-0155.
8. What will women get if the City or Union loses or settles?
Plaintiffs are seeking orders in this case to reform the Union, City and NYPD's practices, and to recover monetary damages and benefits for the 911 Operators who have been victims of their discriminatory and unlawful practices. They also seek punitive damages against the individual defendants in their personal capacities. No amount has been set yet.
See FAQ #1.
No. There is no cost to you to be part of this case.
It is unlawful for the City, NYPD or the Union to retaliate against you for involvement in this case. If you believe they are doing so, please contact us at once through this website. Click here to contact us or by calling 1-212-232-0155.
That would be in violation of the law. Please contact us at once if that has happened to you.
13. Will the City, NYPD, or the Union find out I have asked you questions?
Your communications with us are protected by the attorney-client privilege and will not be disclosed to the City, NYPD, the Union or any of the named defendants.
Your responses to our sign-up form are secure and encrypted, just as if you were doing a bank or credit card transaction on the web.
If we think you have information that can assist the case, we will talk to you about whether you might be a witness in this case. If you agree to be a potential witness in this case, your name may be disclosed to Defendants.
In no event should Defendants or their attorneys talk to you about your claims in this case. If there is any attempt to do so, please contact us at once.
As with any large case, this case will likely take several years to get to trial.
15. What if I have other issues against the City, NYPD, or the Union? – does this case cover those issues?
The answer is No.
This case only covers the claims for racial discrimination against you as a PCT or SPCT or for violation of your rights under the Family Medical Leave Act, as described fully in the complaint. Click here to read the complaint.
If you feel that you have been a victim of discrimination in other ways or that others rights as an employee have been violated in other material manner, please feel free to contact us at once either through this website. Click here to contact us or by calling 1-212-232-0155.
Your local United States Equal Employment Opportunity Commission or state anti-discrimination agency should also be contacted.
Preliminary Approval of Class Action Settlement Granted June 17, 2019 based on the following:
Order Granting Preliminary Approval of Class Action Settlement
Notice of Proposed Settlement & Fairness Hearing
Proposed Settlement Agreement
General Releases (City Defendants and Union)
Affidavit Concerning Liens
Opt-Out Form
Objection Form
A list of all individuals eligible for Settlement Payment
*"**UPDATED LIST OF SETTLEMENT PAYMENTS AND STATUS OF PAYMENT SUBMISSION"*
Settlement History
A Settlement was reached on October 23, 2018 between the Plaintiffs, who are Police Communications Technicians ("PCTs") or Supervising Police Communications Technicians ("SPCTs") in the New York City Police Department ("NYPD") Communications Section, and Defendants, the City of New York, officials and employees of the City of New York including individual members of the NYPD, and Local 1549, District Council 37, AFSCME, AFL-CIO. Proposed Settlement Agreement)
A Settlement & Fairness Hearing is scheduled for October 1, 2019 at 11:00 a.m. in Court Room 4F North, at the District Courthouse, 225 Cadman Plaza East, Brooklyn, NY.
For more than five years, Class Counsel has litigated this case which involved extensive discovery including, over 30,000 documents, approximately 23 depositions and voluminous motion practice. Class Counsel has litigated this case on behalf of the Settlement Class without receiving any compensation for their services and has undertaken significant risks in pursuing this matter. A final settlement of this lawsuit was reached on October 23, 2018.
Absent a settlement, the parties would have proceeded with substantial motion practice, which may ultimately mean that the parties present their claims and defenses to a jury. The parties have agreed to settle this lawsuit because there are substantial risks associated with both a trial and any subsequent appeals.
Class Certification
On September 28, 2015, the U.S. District Court For the Eastern District of New York (Honorable Pamela K. Chen) issued a strong opinion in favor of the class denying in most parts the motion of defendants to dismiss the case and granting a motion certifying the class.
By Orders dated April 29 and (May 15,2019 to read the court's decision), the Court redefined and recertified the Section 1981 Class and FMLA Class as two Section 1981 Classes:
Section 1981 Rule 23(b)(2) class for purposes of injunctive relief consisting of all individuals who are currently employed by the City of New York as PCTs or SPCTs in the NYPD Communications Section, and
Section 1981 Rule 23(b)(3) class for purposes of monetary relief, consisting of all individuals who are currently employed, or have been employed between November 6, 2010 and October 23, 2018, by the City of New York as PCTs or SPCTs in the NYPD Communications section.
Additional details and updates about the settlement will be posted in the Settlement section of this site from time to time as the court issues orders affecting settlement and the class.
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Key Court Decisions
We will respond to your inquiry in a timely fashion. Thank you.