FIREFIGHTERS IN NEW HAVEN CONTINUE THEIR BATTLE
The case of Ricci v. Destafano continues to make the news. I have reported on this case in several blog entries, and the most recent activity involves the white and Hispanic firefighters filing papers to pursue their claim for back pay, interest and attorney fees. This case started in 2003 when the city refused to promote the 14 white and Hispanic firefighters: even though the test they took was race neutral, the city felt the results discriminated against black firefighters since none of the black firefighters who took the test scored high enough to get promoted. The Supreme Court, in June, ruled in favor of the white and Hispanic plaintiffs, finding that New Haven violated their civil rights by disregarding the test results. Recently, the plaintiffs received their promotions, and the black firefighters filed suit claiming they were discriminated against. Now, the attorney for the plaintiffs is pursuing claims for back pay, interest and attorney fees. According to theAP, Karen Torre, the attorney for the plaintiffs, they were subject to "the humiliation and economic hardship of prolonged career stagnancy in a rancorous atmosphere fostered by raw racial divides." I will continue to keep you posted as this case progresses.
Also in the news, President Obama signed into law the 2009-2010 spending bill for the Department of Defense, which includes a provision prohibiting most military contractors from enforcing mandatory arbitration provisions in their employment contracts. The provision prohibiting arbitration came about as the result of a female employer of a defense contractor, working in Iraq, who claimed she had been raped by co-workers, and the employer attempted to enforce the arbitration provision in her employment contract. In 6 months, this restriction will also apply to subcontractors.
Finally, on the overtime front, the New York Times reported this week that a lawsuit filed on behalf of 27 Mexican farm workers in Mississippi for overtime has been settled. The employees were working under the federal H-2 Visa program, and claimed they were not paid for hours worked in excess of 40 hours a week. The amount of the settlement was not disclosed.
I hope all of you have a Joyous Holiday Season and a Happy New Year.
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