Tue 26 Feb 2008
City to settle $21 million discrimination suit
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The City of New York has agreed to pay $21 million to settle a discrimination class action lawsuit against the City Parks Department, plaintiffs and members of their legal team announced today at a press conference in Manhattan. As part of the settlement, the department will pay nearly $12 million in back pay and compensatory damages to those eligible and will change personnel promotion practices.
The eleven plaintiffs named in the suit, Robert Wright et al. v. Henry J. Stern, claim that they and other African American and Latino colleagues were passed over for promotions in favor of less experienced, white employees. Discrimination and retribution for speaking out, the suit claimed, took place between 1997 and 2004. Stern left the department in 2002.
The settlement was filed to Judge Denny Chin in Manhattan’s Southern District Court after 14 months of negotiations, Theodore “Ted” Shaw, director-council and president of the N.A.A.C.P. Legal Defense and Education Fund, said.“We have closed the door on an unfortunate period of unlawful conduct in the Parks Department,” Robert Stroup, director of the Fund’s economic justice program and attorney for the plaintiffs, said.
But the suit was not filed purely for economic reasons; bringing change to the department was what plaintiffs were hoping for. Stroup and the plaintiffs commended the city and the department for agreeing to the settlement and for making the positive steps to change policy under new commissioner Adrian Benepe. The settlement calls for further action from the department, including annual promotion reviews and an ongoing review of salary decisions.
Paula Loving, who ran the department’s Work Experience Program and referred to the department and fellow employees as family, said that the settlement set a precedent.
Discrimination, she said, “needs to change, it needs to stop. I pray and I hope that it will change.”
During the period of 1997 to 2004, roughly 44 percent of department employees were white, but the majority of promotions to managerial positions were given to white employees, Stroup said.
Kathleen Walker, who started working for the department in 1981 recalled telling her daughter years ago about the glass ceiling she and other employees could only look at from below. Now, she said at the conference, she tells her daughter, “instead of looking at it from one side or the other, you can pass through it.”
Walker said that she had been passed over for promotions and was moved to the office basement and had her time card pulled from regular payroll after her name appeared in a press release in connection to the suit in 2000.
Attorney and negotiator Lewis M. Steel, of Otten and Golden, LLP, said that discrimination is not endemic in the department alone; similar civil action cases have been brought by Latinos in the New York Fire Department and Police Department.
He called on the City to do a better job enforcing its own anti-discrimination laws. The city, he said, has stronger anti-discrimination laws than federal laws, and yet rather than check if there is no systematic discrimination, the city fiercely defends its illegal practices. He said that an agency to monitor discrimination should be formed.
The plaintiffs and their attorneys are glad that the case will settle, but recognize that the end of the battle against discrimination is not over. They stressed that any, and every, city employee who has faced or seen discrimination has to speak out and not fear retribution from management before the practice will end.
He and Shaw commented the strength of the plaintiffs for speaking out against the department, and noted that the $12 million settlement was only a “modest compensation” for his clients’ suffering.
“Some things cannot be undone,’ he said.
The department has not responded to inquiries as of publication.

