Two Black Policemen Win Class Action Lawsuit NY State Department of Corrections for Discriminatory Practices

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/FROM PR NEWSWIRE--NYC 212-832-9400/LA 213-626-5501/MIA 305-576-5020/ 

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TO CITY DESK yu 

NEW YORK; APRIL 2)-- THE NAACP LEGAL DEFENSE FUND TODAY REPORTED 

THE FOLLOWING -- 

TWO BLACK OFFICERS IN THE NEW YORK STATE DEPARTMENT OF 

CORRECTIONAL SERVICES HAVE WON THEIR CLASS ACTION LAWSUIT ON BEHALF 

OF 117 CORRECTION OFFICERS ALLEGING DISCRIMINATORY PRACTICES IN THE 

PROMOTION OF PERSONNEL BY THE DEPARTMENT. THE SUIT WAS BROUGHT BY 

THE NAACP LEGAL DEFENSE FUND. 

THE DECISION OF FEDERAL DISTRICT JUDGE MORRIS E. LASKER, DELIVERED 

THIS MORNING, CALLED FOR DECLARATORY AND INJUNCTIVE-RELEASE AGAINST 

THE DEFENDENTS, DECLARED THE TEST NOW USED FOR PROMOTION 

UNCONSTITUTIONAL, ORDERED THE DEFENDENTS TO DEVISE A MORE EQUITABLE 

HIRING AND PROMOTION PLAN, AND, IN AN ISSUE THE COURT DEEMED 

"IMPORTANT AND NOVEL,” AWARDED PLAINTIFFS, ACTING AS “PRIVATE 

ATT ORNEYS-GENERAL,” COUNSEL FEES AGAINST THE STATE IN A SUM 

TO BE DETERMINED LATER. 

“THE COURT RECOGNIZES THE ‘LACK OF PROFESSIONALISM" AND ‘SLAVISH 

IMITATION OF EARLIER EXAMINATIONS® WHICH CHARACTERIZES CIVIL SERVICE 

EXAMINATIONS GENERALLY,” SAID DEBORAH GREENBERG, ATTORNEY FOR THE 

NAACP LEGAL DEFENSE FUND. “IN A PRISON SYSTEM WITH A POPULATION THAT 

IS 70 PER CENT BLACK AND HISPANIC, 3 YEARS AFTER ATTICA, THERE HAVE 

BEEN ONLY 2 MINORITY GROUP EMPLOYEES ABOVE THE ENTRY LEVEL. 

“THE AWARD OF ATTORNEYS’ FEES,” MS. GREENBERG SAID, "IS OF GREAT 

SIGNIFICANCE NOT ONLY IN MAKING IT POSSIBLE TO VINDICATE THE RIGHTS 

OF SIGNIFICANT GROUPS OF PEOPLE, BUT ALSO IN ENCOURAGING PRIVATE 

ATTORNEYS TO TAKE ON MAJOR CASES LIKE THIS IN THE PUBLIC INTEREST.” 

PLAINTIFFS ARE EDWARD KIRKLAND AND NATHANIEL HAYES, PROVISIONAL 

SERGEANTS IN NEW YORK'’S CORRECTIONAL SYSTEM SINCE AUGUST, 1972. 

THE STATE SYSTEM HAS 122 REGULAR, PERMANENTLY ASSIGNED 

SERGEANTS, ALL ARE WHITE. 

OFFICERS KIRKLAND AND HAYES TOOK THE EXAMINATION FOR PROMOTION TO 

SERGEANT IN OCTOBER, 1972. THE ELIGIBLE LISTS, WHEN PUBLISHED, 

INDICATED THAT 80 TO 90 ABDITIONAL, PERMANENT SERGEANTS WOULD BE 

APPOINTED. ONE "ELIGIBLE" BLACK, ANOTHER HISPANIC. 

PLAINTIFFS OBTAINED AN INJUNCTION ON APRIL 12, 1973 POSTPONING THE 

APPOINTMENTS. A 5-DAY TRIAL IN MANHATTAN FEDERAL COURT CONCLUDED 

JULY 27, 1973. 

TOTAL CORRECTIONAL DEPARTMENT RELIANCE ON THE TRADITIONAL 

QUALIFYING EXAM WOULD HAVE DEMOTED -- ON APPOINTMENT DAY ~~ THE 2 

PLAINTIFFS AND 6 OTHER BLACKS APPOINTED PROVISIONAL SERGEANTS FROM 

JOBS THEY HAVE SATISFACTORILY PERFORMED FOR 8 MONTHS. 

THE EXAM, ESSENTIALLY UNCHANGED FOR 10 YEARS, HAD 75 MULTIPLE 

CHOICE QUESTIONS. THE PASS RATE FOR WHITES HAS BEEN 31 PER CENT, 

FOR BLACKS 7 PER CENT, FOR HISPANICS 12 PER CENT. THE IMBLANCE IN 

ACTUAL APPOINTMENTS HAS BEEN "EVEN MORE STARTLING,” IN THE COURT'S 

OPINION. IN THE DEPARTMENT'S HISTORY 2 BLACKS AND NO HISPANICS HAVE 

BEEN APPOINTED TO PERMANENT POSITIONS. 

THOUGH PLAINTIFFS HAVE HAD EQUAL SALARY AND IN-PRISON AUTHORITY 

AS DO PERMANENT APPOINTEES, THEY HAVE LACKED PERMANENT CIVIL SERVICE 

STATUS. THE NEW YORK STATE DEPARTMENT OF CIVIL SERVICE, WHICH 

ADMINISTERS THE QUALIFYING EXAM, WAS A CO-DEFENDANT. 

PLAINTIFFS CALLED THE EXAM NON-JOB-RELATED. THE COURT AGREED. 

THE EXAM "FAILS TO EXAMINE THE NUMBER OF TRAITS, SKILLS AND ABILITIES 

WHICH WITNESSES FOR BOTH SIDES SINGLED OUT AS IMPORTANT TO THE 

SERGEANT JOB,” THE COURT WROTE. 

"AMONG THESE ARE LEADERSHIP, UNDERSTANDING OF INMATE 

RESOCIALIZATION, ABILITY TO EMPATHIZE WITH PERSONS FROM DIFFERENT 

cn 



TO CITY DESK Tal 

NEW ven APRIL 2)-- THE NAACP LEGAL DEFENSE FUND TODAY REPORTED 

THE FOLLOWING == 

TWO BLACK OFFICERS IN THE NEW YORK STATE DEPARTMENT OF 

CORRECTIONAL SERVICES HAVE WON THEIR CLASS ACTION LAWSUIT ON BEHALF 

OF 117 CORRECTION OFFICERS ALLEGING DISCRIMINATORY PRACTICES IN THE 

PROMOTION OF PERSONNEL BY THE DEPARTMENT. THE SUIT WAS BROUGHT BY 

THE NAACP LEGAL DEFENSE FUND. 

THE DECISION OF FEDERAL DISTRICT JUDGE MORRIS E. LASKER, DELIVERED 

THIS MORNING, CALLED FOR DECLARATORY AND INJUNCTIVERELEASE AGAINST 

THE DEFENDENTS, DECLARED THE TEST NOW USED FOR PROMOTION 

UNCONSTITUTIONAL, ORDERED THE DEFENDENTS TO DEVISE A MORE EQUITABLE 

HIRING AND PROMOTION PLAN, AND, IN AN ISSUE THE COURT DEEMED 

“IMPORTANT AND NOVEL,” AWARDED PLAINTIFFS, ACTING AS “PRIVATE 

ATT OR NEYS-GENERAL,” COUNSEL FEES AGAINST THE STATE IN A SUM 

TO BE DETERMINED LATER. 

“THE COURT RECOGNIZES THE "LACK OF PROFESSIONALISM’ AND "SLAVISH 

IMITATION OF EARLIER EXAMINATIONS’ WHICH CHARACTERIZES CIVIL SERVICE 

EXAMINATIONS GENERALLY,” SAID DEBORAH GREENBERG, ATTORNEY FOR THE 

NAACP LEGAL DEFENSE FUND. “IN A PRISON SYSTEM WITH A POPULATION THAT 

IS 70 PER CENT BLACK AND HISPANIC, 5 YEARS AFTER ATTICA, THERE HAVE 

BEEN ONLY 2 MINORITY GROUP EMPLOYEES ABOVE THE ENTRY LEVEL. 

“THE AWARD OF ATTORNEYS’ FEES,” MS. GREENBERG SAID, “IS OF GREAT 

SIGNIFICANCE NOT ONLY IN MAKING IT POSSIBLE TO VINDICATE THE RIGHTS 

OF SIGNIFICANT GROUPS OF PEOPLE, BUT ALSO IN ENCOURAGING PRIVATE 

ATTORNEYS TO TAKE ON MAJOR CASES LIKE THIS IN THE PUBLIC INTEREST.” 

PLAINTIFFS ARE EDWARD KIRKLAND AND NATHANIEL HAYES, PROVISIONAL 

SERGEANTS IN NEW YORK'S CORRECTIONAL SYSTEM SINCE AUGUST, 19726 

THE STATE SYSTEM HAS 122 REGULAR, PERMANENTLY ASSIGNED 

SERGEANTS, ALL ARE WHITE. 

OFFICERS KIRKLAND AND HAYES TOOK THE EXAMINATION FOR PROMOTION TO 

SERGEANT IN OCTOBER, 1972. THE ELIGIBLE LISTS, WHEN PUBLISHED, 

INDICATED THAT 80 TO 90 ADDITIONAL, PERMANENT SERGEANTS WOULD BE 

APPOINTED. ONE "ELIGIBLE” BLACK, ANOTHER HISPANIC. 

PLAINTIFFS OBTAINED AN INJUNCTION ON APRIL 12, 1973 POSTPONING THE 

APPOINTMENTS. A 5-DAY TRIAL IN MANHATTAN FEDERAL COURT CONCLUDED 

JULY 27, 19736 

TOTAL CORRECTIONAL DEPARTMENT RELIANCE ON THE TRADITIONAL 

QUALIFYING EXAM WOULD HAVE DEMOTED -- ON APPOINTMENT DAY -- THE 2 

PLAINTIFFS AND 6 OTHER BLACKS APPOINTED PROVISIONAL SERGEANTS FROM 

JOBS THEY HAVE SATISFACTORILY PERFORMED FOR 8 MONTHS. 

THE EXAM, ESSENTIALLY UNCHANGED FOR 10 YEARS, HAD 75 MULTIPLE 

CHOICE QUESTIONS. THE PASS RATE FOR WHITES HAS BEEN 31 PER CENT, 

FOR BLACKS 7 PER CENT, FOR HISPANICS 12 PER CENT. THE IMBLANCE IN 

ACTUAL APPOINTMENTS HAS BEEN “EVEN MORE STARTLING,” IN THE COURT'S 

OPINION. IN THE DEPARTMENT'S HISTORY 2 BLACKS AND NO HISPANICS HAVE 

BEEN APPOINTED TO PERMANENT POSITIONS. 

THOUGH PLAINTIFFS HAVE HAD EQUAL SALARY AND IN-PRISON AUTHORITY 

AS DO PERMANENT APPOINTEES, THEY HAVE LACKED PERMANENT CIVIL SERVICE 

STATUS. THE NEW YORK STATE DEPARTMENT OF CIVIL SERVICE, WHICH 

ADMINISTERS THE QUALIFYING EXAM, WAS A CO-DEFENDANT. 

PLAINTIFFS CALLED THE EXAM NON-JOB-RELATED. THE COURT AGREED. 

THE EXAM "FAILS TO EXAMINE THE NUMBER OF TRAITS, SKILLS AND ABILITIES 

WHICH WITNESSES FOR BOTH SIDES SINGLED OUT AS IMPORTANT TO THE 

SERGEANT JOB,” THE COURT WROTE. 

“AMONG THESE ARE LEADERSHIP, UNDERSTANDING OF INMATE 

RESOCIALIZATION, ABILITY TO EMPATHIZE WITH PERSONS FROM DIFFERENT 

BACKROUNDS AND ABILITY TO COPE WITH CRISIS SITUATIONS.” 

THIS WAS "NOT A PROFESSIONALLY ADEQUATE EXAMINATION,” THE JUDGE 

CONCLUDED. 

OTHER EMPLOYMENT DISCRIMINATION CASES AGAINST GOVERNMENTAL UNITS 

IN THE METROPOLITAN AREA EITHER RECENTLY WON OR CURRENTLY BEING 

LITIGATED BY THE LEGAL DEFENSE FUND INCLUDE THOSE INVOLVING SCHOOL 

PRINCIPALS AND OTHER SUPERVISORS IN NEW YORK CITY, THE POLICE AND 

FIRE DEPARTMENTS OF NEWARK, Ned» AND NEW YORK CITY, AND THE SOCIAL 

WORKERS IN THE HUMAN RESOURCES ADMINISTRATION IN NEW YORK CITY. 

-0- 

/JCONTACT -- DEBORAH GREENBERG OF NAACP LEGAL DEFENSE FUND AT 



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